HomeMy WebLinkAbout2018-1591
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RESOLUTION NO. 2018-159
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, SETTING THE 2018 REGULATORY FEE RATE OF
10% FOR THE SALE OF FIREWORKS IN THE CITY OF SAN BERNARDINO
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 2018 season has been
calculated at $72,831.
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 2017 fireworks season, 10% of the total gross sales of fireworks
as reported by the licensees was $62,453.
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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.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, SETTING THE 2018 REGULATORY FEE RATE OF
10% FOR THE SALE OF FIREWORKS IN THE CITY OF SAN BERNARDINO
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
20th day of June 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ X
BARRIOS X
VALDIVIA X(S)
SHORETT X(M)
NICKEL X
RICHARD X
MULVIHILL X
ABSTAIN ABSENT
Georgeann anna, CW;/ . City Clerk
The foregoing Resolution is hereby approved this 20th day of June 2018.
v
R. Carey Davis, Mayor
City of San Bemardino
Approved as to form:
Gary D. Saenz, City Attorney
By: c:� '?--
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