HomeMy WebLinkAboutMC-884
Effective: October 8, 1993
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
ORDINANCE NO.
MC-884
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.82.030 AND 5.82.050 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO BUSINESS OPERATOR'S PERMITS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Section 5.82.030 of the San Bernardino
Municipal Code is hereby amended to read as follows:
"An applicant for a permit for the operation of
any such hotel, motel, or drive-through dairy, selling
food or non-alcoholic refreshments, or a business
incidental or auxiliary to the sale of alcoholic
beverages on premises licensed by the Department of
Alcoholic Beverage Control (ABC) shall apply for and
obtain an operator's permit. The appl ication for such
permit shall be filed with the City Clerk, shall be
signed under penalty of perjury, and shall be upon a
form supplied by the City Clerk.
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 City Clerk. "
SECTION 2.
Section 5.82.050 of the San Bernardino
Municipal Code is hereby amended to read as follows:
III
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
MC-884
'.
"The City Clerk shall refer a copy of the
application to the Chief of Police who shall fully
investigate the applicant and the facts and
circumstances concerning the application submi tted and
shall report in writing to the City Clerk his
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
recommend 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
turpi tude 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;
2
RJM [Ordin3.Mem]
August 4, 1993
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
MC-884
'.
"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
I HEREBY CERTIFY that the foregoing Ordinance was duly
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."
adopted by the Mayor and Common Council of the City of San
Bernardino at a
reqular
meeting thereof, held on the 7th
day of September
, 1993, by the following vote, to wit:
Council Members:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
OFFICE VACANT
POPE-LUDLAM
MILLER
RJM [Ordin3.Mem]
AYES
NAYS
ABSTAIN
x
x
x
x
x
x
(J~_L c..R~~
~lerk
3
ABSENT
August 4. 1993
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MC-884
. .
1
2
3
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.82.030 AND 5.82.050 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO BUSINESS OPERATOR'S PERMITS. ,j
The foregoing Ordinance is hereby approved this 5771 day
4 of September
, 1993.
-),
~'/lJ~1 /~/10
Tom Minor', ayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
~~)
RJM [Ordin3.Mem]
4
August 4, 1993