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ORDINANCE (ID#2580) DOC ID: 2580
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Municipal Code
From: James F. Penman M/CC Meeting Date: 07/01/2013
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code Section
8.60.095 Regarding Regulatory Fees for the Sale of Fireworks. (FIRST READING) (#2580)
Current Business Registration Certificate:
Financial Impact:
Account Budgeted Amount: <<Insert Amount>>
Account No. <<Insert Account No.>>
Account Description: «Inert Account Description
Balance as o£ «Inert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Lay over Ordinance for final adoption.
Synopsis of Previous Council Action:
At the June 17,2013 meeting of the Mayor and Common Council,the City Attorney's Office
was asked to draft an amendment to the Ordinance regarding the regulatory fee for the sale of
fireworks.
City Attorney Review:
Supporting Documents:
Regular Ordinance Amending 8.60.095 6-18-13 (PDF)
Updated:6/26/2013 by Linda Sutherland Packet Pg. 337
1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 8.60.095 REGARDING
2 REGULATORY FEES FOR THE SALE OF FIREWORKS.
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WHEREAS,the use of fireworks, including safe and sane fireworks, is inherently Y
4 dangerous and poses a threat to the health and safety of the residents of the City of San 3
Bernardino; and L
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6 WHEREAS, it is the Mayor and Common Council's desire to allow the use of safe and W
sane fireworks in designated areas in the City; and
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$ WHEREAS, it is the Mayor and Common Council's desire to allow non-profits to 0
operate fireworks stands in the City as a means to raise funds for their organizations; and c
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WHEREAS, fireworks season will begin in July of 2013 and there is a need to provide E
10 proper enforcement to protect the health and safety of the residents of the City of San
11 Bernardino; and
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12 WHEREAS, it is the Mayor and Common Council's desire to impose a regulatory fee o
to cover the costs of the personnel required to enforce the law regarding fireworks in the City to 0
13 protect the health and safety of the residents of the City of San Bernardino. LO
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NOW THEREFORE, the Mayor and Common Council of the City of San Bernardino
15 do Ordain as Follows:
16 Section 1. San Bernardino Municipal Code Section 8.60.095 is amended to read as o
17 follows: IR
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18 8.60.095 Regulatory Fee for Licensee and Fireworks Supplier.
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A. The City shall assess a regulatory fee based on the gross sales a
20 of fireworks on all fireworks sales that occur within the City
of San Bernardino. One half of the regulatory fee shall be c
21 paid by the licensee and the remaining one half shall be paid
by the fireworks supplier. The purpose of the regulatory fee o
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is to raise sufficient funds for the City to pay for fireworks
23 public education and an awareness campaign about
fireworks,and for enforcing the provisions of this Chapter,
24 including extra personnel time for fire inspection and d
25 enforcement duties. s
26 B. Prior to imposing the fee,the City shall prepare a study of the anticipated Q
cost for fireworks education, awareness and enforcement. After preparing
27 the study,the Mayor and Common Council shall adopt a Resolution
28 setting the regulatory fee rate no later than the beginning of fireworks sales
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Packet Pg.338
1 pursuant to Section 8.60.070(P). The regulatory fee rate shall not exceed
twelve(12)percent of the total gross sales of the fireworks sold in the City
2 by licensees during the period set forth in Section 8.60.070(P).
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C. The Finance Department, each year, shall determine the amount of the v,
4 regulatory fee based on the licensee's fireworks sales financial statements. o
Each licensee shall provide its fireworks sales financial statement and their
5 fireworks supplier's information to the City no later than August 31St for U-
6 the period set forth in section 8.60.070(P). After the Finance Department
receives the financial statements,the Finance Department shall invoice Ul)
7 each licensee and each fireworks supplier for their share of the total annual c
regulatory fee. Payment of the regulatory fee by each licensee and each IR
8 fireworks supplier shall be due to the City thirty(30) days following the
9 issuance of the invoice.
10 D. Failure by any licensee or fireworks supplier to pay the amount invoiced
11 by the City's Finance Department shall be cause to disqualify the licensee
from obtaining a license to sell fireworks and disqualify the fireworks c
12 supplier from providing their products for sale in the City in the future. In o
the event that the regulatory fee is not paid by the due date, it shall be
13 subject to a ten(10)percent penalty for each month or portion of a month CO
14 that it is overdue. If not paid by the due date,the amount becomes a debt N
owed to the City subject to collection by any legal means available.
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16 E. Any person who violates or causes violation of any provision of this 6
Section shall be deemed guilty of an infraction or a misdemeanor,which
17 upon conviction thereof is punishable in accordance with the provisions of
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Section 1.12.010 of this Code. 00
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Packet Pg. 339
�8.
1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 8.60.095 REGARDING
2 REGULATORY FEES FOR THE SALE OF FIREWORKS.
3
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and y
4 Common Council of the City of San Bernardino at a meeting thereof, held o
on the day of , 2013,by the following vote,to wit:
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6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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7 MARQUEZ o
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JENKINS _'
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VALDIVIA
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11 SHORETT
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12 KELLEY
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13 JOHNSON
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17 Georgeann Hanna, City Clerk
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16 The foregoing Ordinance is hereby approved this day of ,2013. cm
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20 PATRICK J. MORRIS,Mayor
21 City of San Bernardino
22 Approved as to form: 0
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23 JAMES F. PENMAN
City Attorney
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2 6 By:
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Packet Pg.340