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HomeMy WebLinkAbout2017-1141 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2017-114 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, SETTING THE 2017 REGULATORY FEE FOR THE SALE OF FIREWORKS WHEREAS, on June 15, 2009, the Mayor and Common Council adopted an urgency ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring half of the fireworks regulatory fee to be paid by the licensee (the non-profit) and half to be paid by the fireworks company that supplies the product; and WHEREAS, On July 1, 2013, the Mayor and Common Council adopted an urgency ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring the regulatory fee be set no later than 7:00 p.m. on July 1 of each year; and WHEREAS, prior to imposing the fee, the City is required to prepare a study of the anticipated costs associated with fireworks education, awareness, and enforcement. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. That the Mayor and City Council of the City of San Bernardino, California, have determined that the total anticipated costs for the City to provide education and enforcement services to support the sale of fireworks for the 2017 season has been calculated at $78,623. SECTION 2. Section 8.60.095 (B) of the City's Municipal Code provides that the regulatory fee rate not exceed more than 10% of the gross sales of fireworks sold in the City during the prior year. SECTION 3. In the 2016 fireworks season, total gross sales of fireworks as reported by the licensees was $76,656. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21''. 22 23 241 251! 26 27 28 SECTION 4. The Mayor and City Council hereby set a regulatory fee rate of 10%. SECTION 5. The Finance Department shall determine the proportion of the regulatory fee owed to the City based on the licensee's fireworks sales financial statements. The regulatory fee charged by the City shall not exceed 10% of the total gross sales of the fireworks sold in the City by the licensee. SECTION 6. This fee shall take effect upon the adoption of this Resolution. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO SETTING THE 2017 REGULATORY FEE FOR THE SALE OF FIREWORKS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 21St day of June 2017, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ X BARRIOS X VALDIVIA X(M) SHORETT X(S) NICKEL X RICHARD X MULVIHILL X ABSTAIN ABSENT Hanna, Com.', City Clerk The foregoing Resolution is hereby approved this 21" day of June 2017. 12 6 �-/ " 4 ��' R. Carey DaZ�ardino Mayor City of San Approved as to form: Gary D. Saenz, City Attorney 3