HomeMy WebLinkAboutMC-14721
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ORDINANCE NO. MC -1472
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING AND RENAMING CHAPTER 5.82 OF
THE SAN BERNARDINO MUNICIPAL CODE RELATED TO "BUSINESS PERMIT
REGULATIONS" TO "OPERATOR PERMIT REGULATIONS"
WHEREAS, the People of the City of San Bernardino adopted a new Charter at the
November 8, 2016 municipal election; and
WHEREAS, the new Charter was filed with the California Secretary of State on
January 31, 2017 and became effective on that date; and
WHEREAS, the form of government for the City is now the Council/Manager form
of government; and
WHEREAS, certain existing elected positions will become appointive positions at the
expiration of the current incumbents' terms of office; and
WHEREAS, the new Charter retains all existing departments within the city except as
subsequently changed by ordinance, and established a Council/Manager form of government
and assigned to the City Manager the power to establish City departments subject to approval
of the City Council and prescribe their functions; and
WHEREAS, the City Council in implementing the new charter provisions has
evaluated the community's various commissions and desires to streamline, eliminate or
consolidate certain functions currently handled by one or more commissions, to increase
efficiency and preserve scarce resources; and
WHEREAS, the City wishes to narrow the scope of the current code entitled
"Business Permit Regulations" by eliminating several categories of businesses who must
apply for and obtain this type of permit, streamline the permitting and revocation process, and
retitle the Chapter "Operator Permit Regulations" to clarify that the Chapter involves
regulatory permitting rather than business licensing.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.82 of the San Bernardino Municipal Code is hereby
amended in the following respects only:
Chapter 5.82
OPERATOR PERMIT REGULATIONS
Sections:
5.82.010 Findings
5.82.020 Permit -Required
1 5.82.030 Permit -Application
5.82.040 Application for Permit - Investigation Fee
2 5.82.050 Investigation
5.82.060 Permit -Duration
3 5.82.070 Permit -Conditions
4 5.82.080 Permit -Denial
5.82.090 Notice of decision by Chief of Police
5 5.82.100 Right of appeal to City Manager
5.82.110 Notice of appeal - Time limit
6 5.82.120 Notice of appeal - Contents
7 5.82.130 Action by the City Clerk
5.82.140 Consideration by the City Manager
8 5.82.150 Notification of the City Manager's decision
5.82.160 Suspension or Revocation of Operator's permit
9 5.82.170 Notice of hearing
10 5.82.180 Failure to appear at the hearing
5.82.190 Suspension - Designated
11 5.82.195 Revocation
5.82.200 Notice of decision of City Manager
12 5.82.210 Permit - Abandonment
5.82.220 Permit -Transfer
13 5.82.230 Severability
14 5.82.020 Permit - Required
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16 A. It shall be unlawful for any person to commence, manage, or conduct any type of
17 business enumerated herein, without a valid and unsuspended Operator's Permit issued
18 hereunder and to not at all times commence, manage, or conduct such business in compliance
19 with all regulations of such business imposed under or by this Chapter, including all
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conditions imposed by the Chief of Police by or under Section 5.82.070.
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B. The commencement, management, or conducting of any business regulated by this
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23 Chapter without an Operator's Permit as hereby required or in a manner that is not in
24 compliance with all regulations imposed under or by this Chapter, including all conditions
25 imposed by the Chief of Police by or under Section 5.82.070, shall constitute a separate
26 violation of this Chapter for each and every day that such business is so commenced,
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managed, or conducted.
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C. For the purposes of this Chapter, "Person" shall include, but is not limited to, any
individual who commences, manages, or conducts a business regulated by this Chapter,
whether as principal or agent, clerk or employee, acting personally or for any other person, or
for any corporate entity, or as an officer of any company, partnership or corporation, or
otherwise.
D. This Chapter shall apply to any person commencing, managing, or conducting any
of the following businesses:
1. Hotel;
2. Motel.
5.82.030 Permit - Application
An applicant for a permit for the operation of any such hotel or motel shall apply for
and obtain an Operator's Permit. The application for such permit shall be filed with the
Finance Department, shall be signed under penalty of perjury, and shall be upon a form
supplied by the Finance Department. The application shall contain the true names, addresses,
and criminal convictions during the ten (10) years immediately preceding the date of the
application, if any (except for infractions of the Vehicle Code), of the applicant and all
persons financially interested in the applicant's business, and such other information as may
reasonably be deemed necessary by the Police Department.
5.82.040 Application for Permit - Investigation Fee
Each application for an operator's permit shall be accompanied by a nonrefundable
investigative fee in an amount established by resolution of the Mayor and City Council.
5.82.050 Investigation
The Chief of Police shall refer the application to a subordinate officer who shall fully
investigate the applicant and the facts and circumstances concerning the application
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submitted, and who shall report in writing to the Police Chief, his/her recommendations and
reasons therefor as to whether such Operator's Permit should be granted or denied.
The Chief of Police shall consider any relevant factual material relating to such
applicant, and shall authorize the issuance of an Operator's Permit as required by this Chapter
only upon finding that:
A. During the ten (10) years immediately preceding the date of the application, the
applicant has not been convicted of, or pled guilty or nolo contendere to any felony or crime
of moral turpitude or been found in violation of laws or a regulation in a governmental quasi-
judicial proceeding when the facts underlying such proceeding or conviction show a nexus
between the crime or violation and the particular business operations or indicate the lack of
qualities essential to protect the public health, safety and welfare in operations under the
permit;
B. The applicant is not required to register under Penal Code §290 or Health and
Safety Code §11590;
C. The applicant has not knowingly made any false, misleading or fraudulent
statement of fact in the permit application process, or on any document required by the City in
conjunction therewith; and,
D. The location for which the permit is sought is compatible with the neighborhood
and suitable for the type of operation proposed, and will not pose a public nuisance as defined
in this Code in the neighborhood or disrupt the peace and solitude of a residential area.
5.82.090 Notice of decision by Chief of Police
Within forty-five calendar days of the date the application is filed, the Chief of Police
shall give written notices of his or her decision to the applicant, to the Finance Department,
and to any other person specifically requesting such notice.
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1 5.82.100 Right of appeal to City Manager
7 Any applicant aggrieved by the decision of the Chief of Police with reference to the
3 issuance, conditional issuance, or denial of a permit may appeal therefrom by filing a written
4 notice of appeal with the City Clerk directed to the City Manager.
5.82.120 Notice of appeal - Contents
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7 The notice of appeal shall be in writing and shall set forth (a) the specific action
8 appealed from; (b) the specific grounds of appeal; and (c) the relief or action sought from the
9 City Manager. In the event any notice of appeal fails to set forth any information required by
10 this section, the City Clerk shall return the same to the appellant with a statement of the
11 respects in which it is deficient, and the applicant shall thereafter be allowed five calendar
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13 days in which to perfect and refile his/her notice of appeal.
14 5.82.130 Action by the City Clerk
15 Upon the timely filing of a notice of appeal in proper form, the City Clerk shall
16 schedule the matter promptly and within forty-five days for hearing before the City Manager.
17 5.82.140 Consideration by the City Manager
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At the time of consideration of the appeal by the City Manager, the appellant shall
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20 present evidence limited to the specific grounds of appeal and matters set forth in his/her
21 notice of appeal. The appellant shall have the burden of establishing cause why the action
22 appealed from should be altered, reversed or modified. The Police Department shall have the
23 opportunity to answer arguments made and rebut new evidence offered, if any. The City
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Manager shall review the evidence, findings and record relating to the decision or action and
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26 may, in his or her discretion, receive new or additional evidence. Formal rules of evidence
27 shall not apply to any appeal hearing.
28 5.82.150 Notification of the City Manager's decision
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1 Within ten calendar days after reaching a determination on the appeal, the City
2 Manager shall give written notice of his or her decision to the appellant, the Police
3 Department, the Finance Department and to any other person specifically requesting such
4 notice.
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5.82.160 Suspension or Revocation of Operator's Permit
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7 A. Upon receipt of satisfactory evidence of any of the following grounds, the City
8 Manager may hold a hearing to consider the suspension or revocation of a permit issued under
9 this Chapter.
10 B. For suspension the grounds are as follows:
11 1. The permittee has failed to comply with any condition imposed on the
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13 permit.
14 2. The permittee has failed to timely pay any license or permit fees that are
15 provided for under the provisions of this Code.
16 3. The existence of unsanitary conditions, noise, disturbances or other
17 conditions at the premises and related to the business which causes a public
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nuisance, or which is detrimental to the public health, safety or welfare.
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20 C. For revocation the grounds are as follows:
21 1. The permittee, operator or employee of the permittee has engaged in or
22 permitted conduct at the business premises which constitutes a felony or crime
23 of moral turpitude, and the permittee knew, or with the exercise of reasonable
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diligence should have known, of such criminal conduct and failed to take
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remedial or preventive action. Such conduct may include, but shall not be
27 limited to, acts of sexual misconduct, illicit drug transactions or "fencing" of
28 personal property occurring on the premises of the business.
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2. Permittee has made any material misstatement in the application for such
permit or the permit was acquired by fraud.
3. Any of the grounds that would warrant the denial of the issuance of such
permit at the time of application.
4. There have been two or more suspensions of the permit under this Chapter in
the proceeding eighteen (18) months.
D. The finding of any one of the above grounds shall be sufficient to support a
suspension or revocation, respectively, of a permit.
5.82.180 Failure to Appear at Hearing
In the event that the permittee, or counsel representing the permittee, fails to appear at
the hearing, the evidence of the existence of facts which are presented and which constitute
grounds for the suspension or revocation of the permit may be used by the City Manager as
the basis of his or her decision.
5.82.200 Notice of decision of City Manager
A copy of the decision of the City Manager specifying findings of fact and conclusions
for the decision shall be furnished to the permittee or permittee's designated representative.
The decision of the City Manager shall be final when issued.
SECTION 2. Existing subsections 5.82.210, 5.82.220, 5.82.230, 5.82.240 and
5.82.250 are repealed.
SECTION 3. Existing subsections 5.82.260, 5.82.270, and 5.82.280, are renumbered
as follows:
5.82.210 Permit - Abandonment
A permit shall be deemed abandoned within the terms of this Chapter where the
business or activity has had no reported sales or activity for a period of at least 180
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consecutive days. Exceptions are temporary closures for repairs, alterations, or other similar
situations.
5.82.220 Permit - Transfer
No permit issued pursuant to this Chapter shall be transferable.
5.82.230 Severability
If any section, subsection, paragraph, sentence, clause, phrase, or portion of this
chapter is invalid or shall be held to be invalid, such invalidity shall not affect the validity of
the remainder.
SECTION 4. Except as modified or repealed herein, the remaining provisions of
Chapter 5.82 shall continue in full force and effect.
SECTION 5. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
SECTION 6. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 7. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (3 0) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
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I from its passage shall be published once in a newspaper of general circulation, printed and
2 published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
3 published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
4 posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
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and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
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7 aforementioned summary and shall post in the office of the City Clerk a certified copy of this
8 Ordinance together with the names of the members of the City Council voting for and against
9 the same.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING AND RENAMING CHAPTER 5.82 OF
THE SAN BERNARDINO MUNICIPAL CODE RELATED TO "BUSINESS PERMIT
REGULATIONS" TO "OPERATOR PERMIT REGULATIONS"
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
7th day of March 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ >C
BARRIOS X
VALDIVIA k 5
SHORETT
NICKEL k
RICHARD
MULVIHILL�
ABSTAIN ABSENT
"x/j, I
Georgeann Wanna, CMC, i y Clerk
The foregoing Ordinance is hereby approved this 70' day of March 2018.
R. Carey Davy', Mayor
City of San Yernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
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