HomeMy WebLinkAboutMC-576
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ORDINANCE NO. MC-576
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
5.44 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING DENIAL OF AN
3 APPLICATION FOR PERMIT FOR GAMES OF AMUSEMENT.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1. Section 5.44.040 of the San Bernardino
7 Municipal Code is amended to read as follows:
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"5.44.040 Investigation.
The City Clerk shall refer a copy of the application to the
10 Chief of Police who shall carefully investigate the applicant and
11 the facts and circumstances concerning the application submitted
12 to him pursuant to Section 5.44.030."
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SECTION 2. Section 5.44.050 of the San Bernardino
14 Municipal Code is amended to read as follows:
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"5.44.050 Issuance of permits.
A. The Chief of Police shall either approve or deny the
17 issuance by the City Clerk of the permit to the applicant within
18 forty-five days of the date that the copy of the application is
19 submitted to him. The Chief of Police may deny a permit on any
20 of the following grounds:
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1. The operation will not comport with the peace, health,
22 safety, convenience and general welfare of the public;
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2. The application is not complete in that all requested
24 information is not supplied;
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3. The operation has been or is a public nuisance;
4. The operation would be in violation of a City
27 ordinance, state law or federal law;
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"MC~576
1 5. The applicant has a bad moral character;
2 6. The applicant made a false, misleading or fraudulent
3 statement of fact in his application for a permit;
4 7. The operation by the applicant will be carried on in a
5 building, structure and location which does not comply with and
6 meet all of the health, zoning, fire and safety requirements and
7 standards of the laws of the state and ordinances of the City;
8 8. The applicant, his employee, agent, or any person
9 connected or associated with the applicant as a partner,
10 director, officer, stockholder, associate, or manager has allowed
11 or permitted acts of sexual misconduct or lewd conduct to be
12 committed within prior or present business operations;
13 9. The applicant has within the year prior to the
14 application date wilfully violated any provisions of this chapter
15 or of the City licensing provisions in Title 5.
16 B. The Police Chief shall notify the applicant of the
17 denial of his application for a permit and the reasons therefor.
18 Service of such notice shall be made personally or by certified
19 mail. The notice shall include or be accompanied by a statement
20 that the applicant may request a hearing before the Mayor and
21 Common Council by filing with the City Clerk a written request
22 thereof within ten days after service upon him of the notice of
23 the denial of his application and that failure to do so will
24 constitute a waiver of his right to a hearing."
25 SECTION 3. Section 5.44.060 of the San Bernardino
26 Municipal Code is amended to read as follows:
27 "5.44.060 Hearing upon denial of permit.
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.M:C-576
1 Within ten days after service upon him of a written notice
2 of the Police Chief's denial of his application for a permit, the
3 applicant may file a request for hearing in writing and signed by
4 or on behalf of the applicant and shall state his mailing
5 address. It need not be verified or follow any particular form.
6 Failure to file such a request for a hearing shall constitute a
7 waiver of the applicant's right to a hearing. No further notice
8 other than notice of the date and place of hearing need be served
9 on the applicant. Hearings granted under this section shall
10 allow for the applicant to be represented by counsel. The
11 decision of the Mayor and Common Council shall be final."
12 I HEREBY CERTIFY that the foregoing ordinance was duly
13 adopted by the Mayor and Cornmon Council of the City of San
14 Bernardino at a reqular
meeting thereof, held on
15 the 5th
day of
, 1987, by the
January
16 following vote, to wit:
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AYES:
Reilly, Hernandez, :-larks, Quiel, Strickler
NAYS:
None
ABSENT:
Council Member Estrada, Frazier
.P--W'~LY~
/ City Clerk
The foregoing ordinance is hereby approved this 8th
day
January
, 1987.
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k~J:c-/ ,,,-J ,,/~ <( /;~J/
Mayor of ~he City of San Bernardino
12/16/86
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.~C...576
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Approved as to form:
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4 City Attorney
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