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CI~ OF SAN BERNARDI~ - REQUE. FOR COUNCIL ACT.
From:
Ralph H. Prince
Subject: Ordinance Re Outdoor Sales
and Displays
Dept: City Attorney
Da~: April 11, 1986
Synopsis of Previous Council action:
3/6/86
Legislative Review Committee recommended that the
amendment relating to prohibiting signs and parking
lot and sidewalk sales be approved with the
following changes: title changed to "Outdoor Sales
and Displays." The sales would be authorized four
times per year, for no longer than nine days, with
at least seven calendar days between reissuance and
termination.
3/20/86
Legislative Review Committee recommended that the
amendment to outdoor display of merchandise be
approved.
Recommended motion:
Waive further first reading of ordinance and layover for
final adoption.
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f'",.::.J2/
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Signature
Contact person: ___ __
Supporting data attached: _______ Yes
William Sabourin
Phone:
5055
_ Ward:~LlL______ ______
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
Finance:
Council Notes:
/
Agenda Item No ~
75.0262
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1
URDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.22
AND AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO
3 PERMIT REMOVAL BY PUBLIC EMPLOYEES OF SIGNS ATTACHED TO PUBLIC
PROPERTY, TO REQUIRE A PERMIT FOR AND DEFINITION OF PARKING LOT
4 SALES AND SIDEWALK SALES, AND TO PERMIT PARKING LOT SALES AND
SIDEWALK SALES IN C-l, C-2, C-3 AND C-M DISTRICTS SUBJECT TO A
5 PERM!T.
6
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
i ORDAIN AS FOLLOWS;
8 SECTION 1. Chapter 5.22 is added to the San Bernardino
9 Municipal Code to read:
10
11
.CHAPTER 5.22
OUTDOOR SALES AND DISPLAYS
12 5.22.010 Permit required.
13 It is unlawful for any person, firm or corporation to conduct
14 a 'parking lot sale' or 'sidewalk sale', except upon issuance of a
15 permit by the City Clerk.
16 5.22.020 Permit - Fee.
17 The permit fee shall be established by resolution of the
18 Mayor and Common Council.
19 5.22.030 Permit - Issuance.
21 active business license at the
issued only to persons holding an
I
time of the application for such
20 A. Said permits shall be
22 permit.
23 B. A permit shall not be issued for the same location more
24 than four times in any calendar year. The permit shall
25 automatically terminate nine calendar days, including holidays,
26 following the date of issuance. A permit may be issued for the
27 same location only once in any three month period, with at least
28 seven calendar days between the expiration of an existing permit
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1 and issuance of a new permit."
2 SECTION 2. section 19.04.457 is added to the San Bernardino
3 Mun ic ipal Code to read:
4 "19.04.457 parking lot sale.
5 'Parking lot sale' means a promotional sales event conducted
6 by one or more businesses, which is held outside the confines of
i the commercial or manufacturing building or buildings in which
8 such business is normally conducted, and which sale involves the
9 outdoor display, within a paved area on the same lot as the
10 building, of merchandise which is normally displayed within the
11 building."
12 SECTION 3. Section 19.04.487 is added to the San Bernardino
13 Municipal Code to read:
14 "19.04.487 Sidewalk sale.
15 'sidewalk sale' means a promotional sales event conducted by
16 one or more businesses, which is held outside the confines of the
17 commercial or manufacturing building or buildings in which such
18 business is normally conducted, and which sale involves the
19 outdoor display, within the paved limits of the same lot on which
20 the building is located, of merchandise which is normally
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21 displayed within the building. No sales or outdoor displays shall
22 be permitted in the public right-of-way adjacent to said lot."
23 SECTION 4. Section 19.24.020 Subsection A of the San
24 Bernardino Municipal Code is amended to read:
25 "A. Retail stores of the following types conducted wholly
26 within an enclosed structure. No outdoor display of merchandise
27 shall be permitted unless approved under Chapter 5.22 pertaining
28 to outdoor sales and displays:
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1
2
3
4
5
6
1. Bakery employing not more than five persons;
2. Book store;
3. Confectionery store;
4. Drugstore;
5. Drygoods or notions store;
6. Florist or gift shop;
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7. Grocery, fruit, or vegetable store;
8
9
10
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12
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B. Hardware or electrical appliance store;
9. Jewelry store;
10. Meat market or delicatessen store;
11. Packaged ice station;
12. Photographic supplies store;
13. stationery store."
14 SECTION 5. Section 19.24.020 Subsection E of the San
15 Bernardino Municipal Code is amended to read;
16 "E. Outdoor sales and displays. parking lot sales or
17 sidewalk sales conducted under the provisions of Chapter 5.22."
18 SECTION 6. Section 19.24.020 Subsection F is added to the
19 san Bernardino Municipal Code to read:
20 "F. other. Such other uses as the Commission determines to
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21 be similar."
22 SECTION 7. Section 19.26.020 Subsection B of the San
23 Bernardino Municipal Code is amended to read:
24 "B. Retail stores of the following types conducted wholly
25 within an enclosed structure. No outdoor display of merchandise
26 shall be permitted unless approved under Chapter 5.22 pertaining
27 to outdoor sales and displays:
28
1. Antique store;
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1
2
3 repairs:
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5
6
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2. Art shop:
3. Automobile sales agency, with incidental service and
4. Bakeries (not more than ten employees):
5. Bird store:
6. Clothing store:
7. Establishment offering alcoholic beverages for on
8 site consumption, including those integrated with a restaurant,
9 subject to a conditional use permit:
10
11
8. Department store:
9. Drive-in restaurants (subject to conditional use
12 permit):
13
14
10. Electrical supply shop:
11. Feed and fuel stores (entirely within building
15 devoted to retail sales):
16 12. Frozen food lockers (retail only):
17 13. Furniture store:
18 14. Ice storage houses (limit capacity to five tons) :
19 15. Liquor store:
20 16. Newsstands:
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21 17. Paint storeS1
22 18. Pet shops:
23 19. plant nurseries ( fert il izer stored within
24 building) I
25 20.
26 21.
27 22.
28 SECTION 8.
Plumbing supply shop:
printing shop:
Trunk and leather goods store."
Section 19.28.020 Subsection B of the San
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1
i
] Bernardino Municipal Code is amended to read:
2 "B. Retail stores of the following types conducted wholly
3 within an enclosed structure. No outdoor display of merchandise
4 shall be permitted unless approved under Chapter 5.22 pertaining
5 to outdoor sales and displays:
6
1. Automobile sales, new and used cars including
7 servicing and repairs conducted entirely within a building;
8 2. Commercial greenhouses ( retail only);
9 3. Secondhand goods sold entirely within an enclosed
10 building ( no junkyards);
11
4. used cars and trailer sales lots (service and repair
12 facilities conducted entirely within a building)."
13 SECTION 9. section 19.34.030 Subsection D of the San
14 Bernardino Municipal Code is amended to read:
15 "D. All uses except those uses specifically permitted in M-l
16 or M-1A Districts herein shall be conducted wholly within a
17 building. No outdoor display of merchandise shall be permitted
18 unless approved under Chapter 5.22 pertaining to outdoor sales
19 and displays."
20 SECTION 10. Section 19.60.040 of the San Bernardino
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21 Municipal Code is amended to read:
22 "19.60.040 Prohibition.
23 A. It is unlawful for any person except a public officer or
24 employee in performance of a public duty to attach a sign to any
25 public property except as may be required by ordinance or law.
26 Any sign attached to public property in violation of this section
27 shall be subject to immediate removal by any authorized public
28 officer or employee of the City of San Bernardino.
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1 B. Any sign removed under this section shall be held by the
2 Director of Public Services for ten calendar days. During said
3 holding period the owner of the sign may recover it from the
4 Department of Public Services. Upon expiration of said holding
5 period, any such sign shall be destroyed."
6 I HEREBY CERTIFY that the foregoing ordinance was duly
7 adopted by the Mayor and Common Council of the City of San
8 Bernardino at a
meeting thereof, held
9 on the
day of
, 1986, by the following
10 vote, to wit:
11
12
Council Members
AYES:
13 NAYS:
14 ABSENT:
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16
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18
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20
21
22
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1986.
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Mayor of the City of San Bernardino
Approved as to form:
23
24 y ;j? f;tI3~~
25 City ttorney
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