HomeMy WebLinkAbout26- City Attorney CITY OF SAN BERN/' RDINO - REQUEST F^R COUNCIL ACTION
From: James F. Penman, Subject: An Ordinance of the City of
City Attorney San Bernardino Amending Section
Dept: City Attorney 5.82. 160 to the San Bernardino
Municipal Code Relating to
Date: December 7, 1993 Suspensions and Revocations of
Operator' s Permits by the
Police Commission
Synopsis of Previous Council action:
None.
Recommended motion:
Waive further reading and lay over for final adoption.
Signature
Dennis A. Barlow 5255
Contact person: Phone:
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 _ Agenda Item No....
CITY OF SAN BERN!"ADINO - REQUEST F R COUNCIL ACTION
v
STAFF REPORT
Chapter 5.82 of the San Bernardino Municipal Code governs the
granting, suspension and revocation of operator's permits for
certain businesses including hotels, motels, drive-through dairies,
establishments selling food or non-alcoholic refreshments, and
business incidental or auxiliary to the operation of on- and off-
sale premises licensed by the State ABC (such as restaurants, bars,
cafes and the like) .
To assist the Police Commission in the administration of this
chapter it would be helpful to revise the chapter to clearly
delineate those grounds applicable to suspensions and those grounds
applicable to revocations, to specify the type of notice required,
I and to include a definition of abandonment of a permit.
The attched Ordinance will provide those clarifications.
I
75-0264
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
5.82.160 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
3 SUSPENSIONS AND REVOCATIONS OF OPERATOR'S PERMITS BY THE POLICE
COMMISSION.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6
SECTION 1. Section 5.82. 160 of the San Bernardino Municipal
7
Code is hereby amended to read as follows:
8
"5.82.160 Suspension or Revocation of Operator' s Permit
9
A. Upon receipt of satisfactory evidence of any of
10 the following grounds, the Police Commission may hold
11
• hearing to consider the suspension or revocation of
12
• permit issued under this chapter.
13
B. For suspension the grounds are as follows:
14 1. The permittee has failed to comply with any
15 condition imposed on the permit.
16 2, The permittee has failed to timely pay any
17 license or permit fees that are provided for
18 under the provisions of this Code.
19 3. The existence of unsanitary conditions,
20 noise, disturbances or other conditions at
21 the premises and related to the business
22 which causes a public nuisance, or which is
23 detrimental to the public health, safety or
24 welfare.
25 C. For revocation the grounds are as follows:
26 1. The permittee, operator or employee of the
27 permittee has engaged in or permitted
28
DAB/js [Permits.Ord] 1 December 7, 1993
1 conduct at the business premises which
2 constitutes a felony or crime of moral
3 turpitude, and the permittee knew, or with
4 the exercise of reasonable diligence should
5 have known, of such criminal conduct and
6 failed to take remedial or preventive
7 action. Such conduct may include, but shall
8 not be limited to, acts of sexual
9 misconduct, illicit drug transactions or
10 ' fencing' of personal property occurring on
11 the premises of the business.
12 2• Permittee has made any material misstatement
13 in the application for such permit or the
14 permit was acquired by fraud.
15 3. Any of the grounds that would warrant the
16 denial of the issuance of such permit at the
17 time of application.
18 4. There have been two or more suspensions of
19 the permit under this Chapter in the
20 proceeding eighteen ( 18 ) months.
21 D. The finding of any one of the above grounds
22 shall be sufficient to support a suspension
23 or revocation, respectively, of a permit. "
24 Section 2. Section 5.82. 170 of the San Bernardino Municipal Code
25 is hereby amended to read as follows:
26 "5.82. 170 Notice of Hearing
27 The permittee shall be notified in writing that
28 a hearing which may result in suspension or revocation
DAB/is [Permits.Ord] 2 December 7, 1993
1 of the permit will be held, the place where the
2 hearing will be held and the date and time thereof,
3 which shall not be sooner than ten ( 10) calendar days
4 after service of such notice of hearing. All notices
5 provided for in this section shall be personally
6 served upon the permittee, or by leaving such notice
7 at the place of business or residence of such
8 permittee in the presence of a competent member of the
9 household or a person apparently in charge of
10 permittee' s place of business at least eighteen ( 18 )
11 years of age, who shall be informed of the contents
12 thereof. In the event service cannot be made in the
13 foregoing manner, then a copy of such notice shall be
14 mailed, by certified mail, return receipt requested,
15 addressed to the last known address of such permittee
16 at his place of business or residence at least ten
17 (10) calendar days prior to the date of such hearing.
18 The notice shall also contain a general statement of
19 the nature of the grounds of the proposed suspension
20 and that the permittee may be represented by counsel
21 at the hearing. "
22 SECTION 3. Section 5.82. 180 of the San Bernardino Municipal
23 Code is hereby amended to read as follows:
24 "5.82. 180 Failure to Appear at Hearing
25 "In the event that the permittee, or counsel
26 representing the permittee, fails to appear at the
27 hearing, the evidence of the existence of facts which
28 are presented and which constitute grounds for the
DAB/js [Permits.Ord] 3 December 7, 1993
I suspension or revocation of the permit may be used by
2 the Police Commission as the basis of its decision. "
3 SECTION 4. Section 5.82. 195 is hereby added to the San
4 Bernardino Municipal Code to read as follows:
5 "5.82. 195 Revocation
6 "If, after the conclusion of a hearing held to
7 consider the revocation of a permit issued under this
8 Chapter, it is determined that any of the grounds for
9 revocation of an operator' s permit exist, then such
10 permit shall be revoked. "
11 SECTION 5. Section 5.82.260 of the San Bernardino Municipal
12 Code is hereby amended to read as follows:
13 "5.82.260 Permit-Abandonment
14 A permit shall be deemed abandoned within the
15 terms of this Chapter where the business or activity
16 has had no reported sales or activity for a period of
17 at least 180 consecutive days. Exceptions are
18 temporary closures for repairs, alterations, or other
19 similar situations. "
20
21
22
23
24
25
26
27
28
DAB/js [Permits.Ord] 4 December 7, 1993
r r4l 0
1 AN ORDINANCE. . .AMENDING SECTION 5.82.160 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO SUSPENSIONS AND REVOCATIONS
2 OF OPERATOR'S PERMITS BY THE POLICE COMMISSION.
3 I HEREBY CERTIFY that the foregoing Ordinance was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a meeting thereof, held on the
6 day of 1993, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 NEGRETE
9 CURLIN
10 HERNANDEZ
11 OBERHELMAN
12 DEVLIN
13 POPE-LUDLAM
14 MILLER
15
16
City Clerk
17
18
19 The foregoing Ordinance is hereby approved this day
20 of 1993.
21
Tom Minor, Mayor
22 City of San Bernardino
23 Approved as to form
and legal content:
24 JAMES F. PENMAN,
25 City Attorney
26
27 By
28
DAB/js [Permits.Ord] 5 December 7, 1993