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Home My WebLink About41-City Attorney CITY OF SAN BERNARDINO . " - REQUEST FOR COUNCIL ACTION ~ Subject: URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 8.60.095 REGARDING REGULA TORY FEES FOR THE SALE OF FIREWORKS. From: James F. Penman, City Attorney Dept: City Attorney Date: June 15, 2009 Synopsis of Previous Council action: Ord. MC-1195, 5-2-05; and On June 1,2005 the Council requested that an urgency ordinance be drafted amending San Bernardino Municipal Code 98.60.095. Recommended motion: That said Urgency Ordinance be adopted. Contact person: James F. Penman Phone: 5355 Supporting data attached: FUNDING REQUIREMENTS: Ward: All Amount: NONE Source: (Acc!. No.) ( Acc!. Description) Finance: Council Notes: 75-0262 Agenda Item No. J(( (q-(i-()lf , STAFF REPORT Council Meeting Date: June 15,2009 TO: FROM: DATE: AGENDA: Mayor and Common Council City Attorney's Office June 5, 2009 January 15, 2009 At the June 1,2009 Council Meeting, the Council discussed the regulatory fee imposed on all fireworks sales in the City. The Council requested that an ordinance amendment be drafted that required half of the 10% regulatory fee be paid by the licensee (non-profit) and half to be paid by the fireworks company that supplies the product. The Urgency Ordinance before you requires that breakdown for payment of the regulatory fee. The requirements in the Ordinance will go into effect immediately once the Council adopts the ordinance. I ORDINANCE NO. ((Q)~)f 2 URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 8.60.095 REGARDING REGULATORY 3 FEES FOR THE SALE OF FIREWORKS. 4 RECITALS: 5 WHEREAS, the Mayor and Common Council find that the health and safety of the City are benefitted by the activity of non-profits who operate fireworks stands in the City as a means to raise 6 funds for their organizations; and 7 WHEREAS, the Mayor and Common Council find that it is necessary to impose a regulatory fee on the sale of fireworks to cover the costs of personnel required to enforce the law regarding 8 fireworks in the City to protect the health and safety of the residents of the City of San Bernardino; and 9 WHEREAS, the Mayor and Common Council find that they require a reasonable expectation 10 of receipt of revenues sufficientto support the fielding of appropriate Police and Fire personnel during the fire works season to ensure proper enforcement of the law regarding fireworks in the City; and II WHEREAS, the Mayor and Common Council find that it is necessary to assess the regulatory 12 fee in such manner as to mitigate the impact of the current economic crisis on funds received by non- profit organizations from their fireworks sales which funds support the work they perform in the City 13 of San Bernardino towards preserving the public health and safety; and 14 WHEREAS, the Mayor and Common Council find that the fireworks season will begin in July 2009 and there is a need to commence the mitigation of the impact of the regulatory fee on non-profit 15 operators of fire works stands during the 2009 fireworks season; and 16 WHEREAS, the Mayor and Common Council find that the adoption of this ordinance is an urgency measure for the immediate preservation of the public peace, health, and safety. 17 NOW THEREFORE, the Mayor and Common Council of the City of San Bernardino do 18 Ordain as Follows: 19 Section 1. The Recitals set forth above are hereby deemed to be true. 20 Section 2. San Bernardino Municipal Code Section 8.60.095 is amended to read as follows: 21 8.60.095 Regulatory Fee for Licensee and Fireworks Supplier. 22 A. The City shall assess a regulatory fee based on the gross sales of fireworks on all fireworks sales that occur within the City of San Bernardino. One half of the regulatory fee shall be paid by the licensee and the remaining one half shall be paid by the fireworks supplier. The purpose of the regulatory fee is to raise sufficient funds for the City to pay for fireworks public education and an awareness campaign about fireworks, and for enforcing the provisions of this Chapter, including extra personnel time for fire inspection and enforcement duties. 23 24 25 26 27 28 B. Prior to imposing the fee, the City shall prepare a study of the anticipated cost for fireworks education, awareness and enforcement. After preparing the study, the Mayor and Common Council shall adopt a Resolution setting the regulatory fee rate no later than the last meeting prior to the first day of fireworks sales pursuant to Section F:\ WILSON\ordinances\UrgencyOrdinanceAmcnding8.60. 095c. wpd Page 1 2 URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 8.60.095 REGARDING REGULATORY FEES FOR THE SALE OF FIREWORKS. 3 4 8.60.070(P). The regulatory fee rate shall not exceed ten (10) percent of the total gross sales of the fireworks sold in the City by licensees during the period set forth in Section 8.60.070(P). 5 6 C. The Finance Department, each year, shall determine the amount of the regulatory fee based on the licensee's fireworks sales financial statements. Each licensee shall provide its fireworks sales financial statement and their fireworks supplier's information to the City no later than August 31" for the period set forth in section 8.60.070(P). After the Finance Department receives the financial statements, the Finance Department shall invoice each licensee and each fireworks supplier for their share of the total annual regulatory fee. Payment of the regulatory fee by each licensee and each fireworks supplier shall be due to the City thirty (30) days following the issuance of the invoice. 7 8 9 10 11 D. Failure by any licensee or fireworks supplier 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 and/or disqualifY the fireworks supplier from providing their products for sale in the City in the future. In the event that the regulatory fee is not paid by the due date, it shall be subject to a ten (10) percent penalty for each month or portion of a month that it is overdue. If not paid by the due date, the amount becomes a debt owed to the City subject to collection by any legal means available. 12 13 14 15 16 17 18 E. 19 Any person who violates or causes violation of any provision of this Section shall be deemed guilty of an infraction or a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.0 I 0 of this Code. Section 3. This urgency ordinance shall take effect upon adoption and is adopted pursuant to San Bernardino City Charter Section 31 and 121, by a two-thirds (2/3) vote of the Council, for the immediate preservation of the public peace, health, or safety. The Mayor and Common Council find that all of the above-stated recitals are true and hereby incorporate them herein as the statement of urgency supporting this ordinance. 20 /1/ 21 1// 22 1// 23 1// 24 /1/ 25 1// 26 /1/ 27 1// 28 1// F:\ WILSON\ordinances\UrgencyOrdinanceAmending8.60_095c. wpd Page 2 1 URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN 2 BERNARDINO MUNICIPAL CODE SECTION 8.60.095 REGARDING REGULATORY FEES FOR THE SALE OF FIREWORKS. 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the _ day 6 of ,2009, by the following vote, to wit: 7 COUNCIL MEMBERS: 8 ESTRADA 9 BAXTER 10 BRINKER 11 SHORETT 12 KELLEY 13 JOHNSON 14 MC CAMMACK 15 16 AYES NAYS ABSTAIN ABSENT City Clerk 17 18 19 20 Approved as to form: The foregoing Ordinance is hereby approved this _ day of ,2009. PATRICK 1. MORRIS, Mayor City of San Bernardino 21 22 23 24 25 26 27 28 JAMES F. PENMAN City ttorney F:\ WILSON\ordinances\UrgencyOrdinanccAmending8.60.095c. wpd Page 3