HomeMy WebLinkAbout39-City Attorney
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CI.OF SAN BERNARDeo - REQU'" FOR COUNCIL
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From: Ralph H. Prince
Subject: Ordinance Re Outdoor Sales
and Displays
Dept: City Attorney
Date: June 26, 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 out-
door display of merchandise be approved.
4/21/86
6/19/86
Council referred item back to Legislative Review Committee.
Legislative Review Committee recommended approval with chanqes.
Recommended motion:
waive further first reading of ordinance and layover for final adoption.
\
~dJlfiJ~
Signature
Contact person:
Cynthia Grace
/
Phone:
5056
FUNDING REQUIREMENTS:
Amount:
N/A
Source:
N/A
N/A
Supporting data attached:
Yes
Ward:
Finance:
Council Notes:
75-0262
Agenda Item' No.\.
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1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.22
fu~D AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO
3 REQUIRE A PERMIT FOR AND DEFINITION OF PARKING LOT SALES AND
SIDEWALK SALES, AND TO PERMIT PARKING LOT SALES AND SIDEWALK SALES
4 IN C-l, C-2, C-3 AND C-M DISTRICTS SUBJECT TO A PERMIT.
5
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
6 ORDAIN AS FOLLOWS:
7 SECTION 1. Chapter 5.22 is added to the San Bernardino
8 Municipal Code to read:
9
10
"CHAPTER 5,22
OUTDOOR SALES AND DISPLAYS
11 5.22.010 Permit required.
12 It is unlawful for any person, firm or corporation to
13 conduct a 'parking lot sale' or 'sidewalk sale,' except upon
14 issuance of a permit by the City Clerk.
15 5.22.020 Permit - Fee.
16 The permit fee shall be established by resolution of the
17 Mayor and Common Council.
18 5.22.030 Permit - Issuance.
19 A. Said permit. shall be issued only to persons holding an
20 active business license at the time of the application for such
21 permit, and such permit shall be kept on the premises while in
22 force.
23 B. A permit shall not be issued for the same location more
24 than four times in any calendar year and not more than once
25 within any thirty day period. The permit shall be valid for
26 nine calendar days, including holidays. The beginning and ending
27 date of the sale shall be stated in the permit.
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5.22.040 Limited outdoor displays permitted.
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Limited outdoor displays of merchandise may be permitted
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without a permit pursuant to Section 5.22.010, as long as the
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following criteria are met:
No merchandise shall be displayed in pUblic rights-of-
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A.
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way.
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B.
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meet the
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C.
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meet the
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D.
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No merchandise shall be displayed in areas required to
parking specifications set forth in Chapter 19.56.
No merchandise shall be displayed in areas required to
landscaping standards set forth in Section 19.56.120.
No merchandise shall be displayed in such a way that it
creates a public safety hazard.
E. No merchandise shall be displayed more than ten feet
from the main public entrance.
SECTION 2. Section 19.04.457 is added to the San Bernardino
Municipal Code to read:
"19.04.457 Parking lot sale.
'Parking lot sale' means a promotional sales event conducted
by one or more businesses, which is held outside the confines of
the commercial or manufacturing building or buildings in which
such business is normally conducted, and which sale involves the
utdoor display, within a paved area on the same lot as the
uilding, of merchandise which is normally displayed within the
uilding."
SECTION 3. Section 19.04.487 is added to the San Bernardino
unicipal Code to read:
"19.04.487 Sidewalk sale.
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one or more businesses, which is held outside the confines of the
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commercial or manufacturing building or buildings in which such
4 business is normally conducted, and which sale involves the
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outdoor display, within a paved area on the same lot as the
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building, of merchandise which is normally displayed within the
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building. "
8
9
Bernardino Municipal Code is amended to read:
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'Sidewalk sale' means a promotional sales event conducted by
"A. Retail stores of the following types conducted wholly
11 within an enclosed structure. No outdoor display of merchandise
12 other than motor vehicles shall be permitted unless approved
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under Chapter 5.22 pertaining to outdoor sales and displays:
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SECTION 4.
Section 19.24.020 Subsection A of the San
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;
7.
Grocery, fruit, or vegetable store;
8.
Hardware or electrical appliance store;
9.
10.
11.
12.
Jewelry store;
Meat market or delicatessen store;
Packaged ice station;
Photographic supplies store;
13.
Stationery store."
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1 SECTION 5. Section 19.24.020 Subsection E of the San
2 Bernardino Municipal Code is amended to read:
3 "E. Outdoor sales and displays. Parking lot sales or
sidewalk sales conducted under the provisions of Chapter 5.22."
4
SECTION 6. Section 19.24.020 Subsection F is added to the
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6 San Bernardino Municipal Code to read:
7 "F. Other. Such other uses as the Commission determines to
be similar."
8
9 SECTION 7. Section 19.26.020 Subsection B of the San
10 Bernardino Municipal Code is amended to read:
11 "B. Retail stores of the following types conducted wholly
12 within an enclosed structure. No outdoor display of merchandise
13 shall be permitted unless approved under Chapter 5.22 pertaining
14 to outdoor sales and displays:
15 1. Antique store;
16 2. Art shop;
17 3. Automobile sales agency, with incidental service
18 and repairs;
19 4. Bakeries (not more than ten employees);
20 5. Bird store;
21 6. Clothing store;
22 7. Establishment offering alcoholic beverages for on
23 site consumption, including those integrated with a restaurant,
24 subject to a conditional use permit;
B. Department store;
9. Drive-in restaurants subject to a conditional use
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27 permit;
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10. Electrical supply shop;
11. Feed and fuel stores (entirely within building
devoted to retail sales);
Frozen food lockers (retail only);
Furniture store;
Ice storage houses (limit capacity to five tons);
Liquor store;
Newsstands;
Paint stores;
Pet shops;
Plant nurseries (fertilizer stored within
3 12.
4 13.
5 14.
6 15.
7 16.
8 17.
9 18.
10 19.
11 building) ;
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20. Plumbing supply shop;
21. Printing shop;
22. Truck and leather goods store."
SECTION 8. Section 19.28.020 Subsection B of the San
Bernardino Municipal Code is amended to read:
"B. Retail stores of the following types conducted wholly
within an enclosed structure. No outdoor display of merchandise
shall be permitted unless approved under Chapter 5.22 pertaining
to outdoor sales and displays:
1. Automobile sales, new and used cars including
servicing and repairs conducted entirely within a building;
2. Commercial greenhouses (retail only);
3. Secondhand goods sold entirely within an enclosed
building (no junkyards);
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4. Used cars and trailer sales lots (service and
repair facilities conducted entirely within a building)."
SECTION 9. Section 19.34.030 Subsection D of the San
Bernardino Municipal Code is amended to read:
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"D. All uses except those uses specifically permitted in M-
1 or M-lA districts herein shall be conducted wholly within a
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7 building. No outdoor display of merchandise shall be permitted
unless approved under Chapter 5.22 pertaining to outdoor sales
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9 and displays."
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I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
11
12 Bernardino at a
13 the
meeting thereof, held on
day of
, 1986, by the
following vote, to wit:
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26 Approved as to form:
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City Attorney
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AYES:
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
, 1986.
Mayor of the City of San Bernardino
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