HomeMy WebLinkAboutMC-743
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MC-743
ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS
5.04, 5.24, 5.42 AND 5.68 RELATING TO BUSINESS LICENSES.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
4 DO ORDAIN AS FOLLOWS:
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SECTION 1.
Subsection B. is hereby added to Section
6 5.04.050 of the San Bernardino Municipal Code to read as follows:
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"B.
If and in the event of a failure of a person, firm or
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corporation conducting, managing, or carrying on a business
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to secure a license and pay the license fee therefor as
provided in this article, or in the event that a
prohibited transient merchant is discovered, then the
license inspector of the city is authorized to seize and
take into his possession the items to be sold and to hold
the same until such license fees has been paid and a
license duly issued and properly displayed, or in the case
of a transient merchant, to hold the same until claimed by
a responsible party upon whom legal action can be taken,
whereupon the license inspector shall release the items
confiscated."
SECTION 2.
Section 5.04.051 is hereby added to the San
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21 Bernardino Municipal Code to read as follows:
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"When any person by use of signs, circulars, cards,
telephone book or newspapers, advertises, holds out or
represents that he is in business in the City, or when any
person holds an active license or permit issued by a
governmental agency indicating that he is in business in
the city, and such person fails to deny by a sworn
DAB/ses/BusLic-2.ord
September 28, 1990
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statement under penalty of perjury given to the City Clerk
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or his representative that he is not conducting a business
in the City, after being requested to do so by the
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inspector, then these facts shall be considered prima facie
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evidence that he is conducting a business in the City."
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SECTION 3.
Section 5.04.063 is hereby added to the San
7 Bernardino Municipal Code to read as follows:
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"If a person owns, leases, occupies or otherwise maintains
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within the City a place or premises from which he engages
in business activities outside the City, he shall include a
portion of the gross receipts from work performed outside
the City in the measure of tax.
In the absence of
substantial information to the contrary, 20% of gross
receipts from work performed outside the City shall be
deemed to be that portion subject to tax as attributable to
business engaged in within the City.
"In cases where it appears that a greater or lesser
percentage of gross receipts from work performed outside
the City is attributable to business engaged in within the
City, the City Clerk may:
A.
Require the use of a greater percentage of such gross
receipts, stating in writing to the taxpayer his
reasons therefor; or
B.
Approve the use of a lesser percentage of such gross
receipts, based upon proof presented to him in writing
by the taxpayer that the 20% factor is inequitable.
"Any such variation from the 20% factor established in this
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September 28, 1990
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provision shall be approved in writing by the City Clerk or
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his or her authorized representative.
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"Where there are no measurable gross receipts directly
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attributable to operations carried on from a place of
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business within the City, such operations shall be deemed
to produce gross receipts in an amount at least equal to
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the cost of maintaining such operations.
Such cost of
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operations shall include, but not be limited to, rent
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and/or depreciation, salaries and wages, fixed charges and
other expenses."
SECTION 4.
Subsection C. of Section 5.04.075 of the San
12 Bernardino Municipal Code is hereby amended to read as follows:
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"C. For failure to obtain a license on or before the start
of business, or for failure to pay a license fee on or
before the delinquency date, there is imposed a penalty of
fifty percent of the license fee. An additional penalty of
fifty percent of the license fee shall be imposed after 60
days of delinquency; such penalty shall be added to the
license fee and other penalties due."
SECTION 5.
Subsection D. is hereby added to Section
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21 5.04.075 to read as follows:
liD.
If a business fails to obtain a license or renew a
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license and has been delinquent for 90 days, an assessment
of 10% of the amount of tax and penalties per month not to
exceed 100% shall be added hereto in addition to the
penalties stated in subsection "CO of this section.
The
assessment stated in this section shall be instituted to
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September 28, 1990
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cover escalating costs incurred to pursue delinquent
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accounts requiring extended enforcement action."
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SECTION 6.
Section 5.04.105 of the San Bernardino
4 Municipal Code is hereby repealed.
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SECTION 7.
Section 5.04.220 of the San Bernardino
6 Municipal Code is hereby repealed.
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SECTION 8.
Section 5.04.295 of the San Bernardino
8 Municipal Code is hereby amended to read as follows:
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itA.
For every person, firm or corporation conducting,
managing or carrying on the business of operating or
maintaining coin-operated game machines, including a
business licensee owning and maintaining one or more coin-
operated game machines as an incidental business operation
at any place of business, the license fee shall be
established by resolution of the Mayor and Common Council.
liB..
A 'coin-operated game machine' means any machine,
device or apparatus which is used as a game or contest of
any description or for amusement, or which may be used for
any such game or contest or for amusement and the
operation or use of which is permitted, controlled, or made
possible by deposit or placing of any coin, plate, disc,
slug, or key into any slot, crevice or other opening, or
by the payment of any fee or fees in lieu thereof, except a
machine, device or apparatus specifically otherwise
provided for in this chapter."
SECTION 9.
Section 5.04.320 of the San Bernardino
27 Municipal Code is hereby repealed.
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DABjsesjBusLic-2.ord
September 28, 1990
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SECTION 10.
Section 5.04.440 of the San Bernardino
2 Municipal Code is hereby repealed.
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SECTION 11.
Section 5.04.600 of the San Bernardino
4 Municipal Code is hereby repealed.
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SECTION 12.
Subsection A. of Section 5.24.020 of the San
6 Bernardino Municipal Code is hereby amended to read as follows:
7 "Every person whose business in whole or in part is that of
8 operator, as defined in Section 5.24.010, of any motor
9 vehicle for the transportation of persons for hire, and who
10 in the course of that business uses the public streets and
11 highways of this city for the purpose of such business,
12 shall pay a business tax established by resolution of the
13 Mayor and Common Council."
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SECTION 13.
Sections 5.24.030, 5.24.040, 5.24.050,
15 5.24.060, 5.24.070, 5.24.080, 5.24.090, 5.24.100, 5.24.110,
16 5.24.120, 5.24.130 and 5.24.140 of the San Bernardino Municipal
17 Code are hereby repealed.
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SECTION 14.
Section 5.42.010 of the San Bernardino
19 Municipal Code is hereby amended to read as follows:
20 "Every person firm or corporation, conducting, managing or
21 carrying on a circus, rodeo, carnival, or other exhibition,
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excluding professional baseball games, at which food
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booths, entertainment rides, midway attractions, and
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similar undertakings are conducted, except nonprofit or
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charitable organizations conducting such enterprises
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without a commercial operator, shall pay a fee established
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by resolution of the Mayor and Common Council.
In
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addition, the operator shall be responsible for and shall
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tender the established fees pursuant to Section 5.04.370 of
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this Code for all individual food booths, rides, midway
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attractions and other concessions to be operated under
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licensee's jurisdiction.
Such fees shall be tendered at
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the time payment for the license is sought, except that,
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where an annual license has been obtained, fees for such
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individual operations shall be paid by the operator prior
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to the opening of each event."
SECTION 15.
Section 5.68.030 of the San Bernardino
11 Municipal Code is hereby amended to read as follows:
12 "Only one such sale may be conducted on any residentially
13 zoned premises or from any residence or residential garage
14 in any six-month period and shall be limited to not more
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than three consecutive days.
The sole shall not be
conducted between the hours of eight p.m. of any day and
eight a.m. of the following day."
SECTION 16.
Section 5.68.070 of the San Bernardino
19 Municipal Code is hereby amended to read as follows:
20 "The provisions of this chapter shall not apply to any
21 chari table or religious organization for occasional sales
22 when the proceeds form such sales are used solely for
23 charitable or religious purposes, nor shall this chapter
24 apply to sales conducted pursuant to process or order of
25 any court of competent jurisdiction."
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTERS 5.04, 5.24 AND 5.68 RELATING TO BUSINESS LICENSES.
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I HEREBY CERTIFY that the foregoing ordinance was duly
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Bernardino at an
adjourned
adopted by the Mayor and Common Council of the City of San
6th
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meeting thereof, held on the
day of October
, 1990, by the fOllowing vote, to wit:
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Council Members:
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ESTRADA
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REILLY
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FLORES
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MAUDSLEY
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MINOR
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POPE-LUDLAM
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MILLER
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AYES
NAYS
ABSTAIN
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~~le2~
of
, 1990.
The foregoing ordinance is hereby
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October
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21 Approved as to form
and legal content:
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JAMES F. PENMAN,
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