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HomeMy WebLinkAbout22- Police CITY OF SAN BERN.. RCINO - REQUEST F R COUNCIL ACTION Wayne Harp Amendment to Muni Code From: Acting Chief of Police Subject: 5.12 & 5.82 Dept: Police Date: January 6 , 1994 Synopsis of Previous Council action: None Recommended motion: That further reading of the ordinance be waived and it be laid over for final adoption. r nature Contact person: Det. Robert Logsdon Phone: 384-5655 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: 777" ` '0:70 75.0262 Agenda Item No. � CITY OF SAN BERN. RDINO - REQUEST F ,R COUNCIL ACTION STAFF REPORT The Municipal Code currently does not provide any "penalty" for violation of the conditions placed on a license for the operation of a dance hall, night club, or other entertainment facility (see 5. 12 . 020) , or for violation of the conditions placed on an operators permit for the operation of hotels, motels, bars, restaurants, cafes, etc. (see 5 . 82 .020) . This amendment to the code would make it a criminal violation (misdemeanor) to violate a condition placed on a license or operators permit. This would provide the Department an additional tool to regulate these types of activities and businesses other than seeking the suspension or revocation of the license or permit. It is believed that the possibility of a large fine and/or jail term will act as a deterrent and prevent the violation of the conditions imposed on licenses and permits. 75-0264 r I ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 5 . 12 AND 5 .82 OF THE SAN BERNARDINO MUNICIPAL CODE, BY ADDING 3 SECTIONS 5 . 12 . 055 AND 5 . 82 . 075 RELATING TO VIOLATION OF CONDITIONS ON OPERATORS PERMITS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1 . Section 5 . 12 . 055 is hereby added to the San 7 Bernardino Municipal Code to read as follows: 8 5.12.055 Violation of Conditions g Notwithstanding any other provisions of this chapter, and in 10 addition to any other course of action available to the Chief of 11 Police provided for in this chapter or bylaw, any person, firm, 12 corporation, or association of persons who violate(s) the 13 conditions imposed by the Chief of Police on its license shall be 14 guilty of a misdemeanor. 15 SECTION 2 . Section 5 . 82 . 075 is hereby added to the San 16 Bernardino Municipal Code to read as follows: 17 5.82.075 Violation of Condition 18 Notwithstanding any other provisions of this chapter, and in 19 addition to any other course of action available to the Chief of 20 Police provided for in this chapter or bylaw, any person, firm, 21 corporation or association of persons who violate(s) the 22 conditions imposed by the Chief of Police on its operator's permit 23 shall be guilty-of a misdemeanor. 24 25 26 27 28 FLRALCSection5.0rd] April 28, 1993 1 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 5 . 12 AND 5 . 82 OF THE SAN BERNARDINO MUNICIPAL CODE, BY ADDING SECTIONS 2 5 . 12 .055 AND 5 . 82 . 075 RELATING TO VIOLATION OF CONDITIONS ON OPERATORS PERMITS . 3 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 adopted by the Mayor and Common Council of the City of 6 San Bernardino at a meeting thereof, held on the 7 day of , 1994, by the following vote, to wit: 8 Council Members : AYES NAYS ABSTAIN ABSENT 9 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 MILLER 16 17 City Clerk 18 The foregoing resolution is hereby approved this day 19 of , 1994 . 20 21 Tom Minor, Mayor City of San Bernardino 22 Approved as to 23 form and legal content: 24 JAMES F. PENMAN, City Attorney 25 26 By: 27 28 2