HomeMy WebLinkAboutMC-302
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ORDINANCE NO.
MC-302
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.04
OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO BUSINESS
3 LICENSES TO CHANGE CERTAIN LICENSE CATEGORIES FROM FLAT RATE TO
GROSS RECEIPTS, TO AMEND RATES OF GROSS RECEIPTS, TO PROVIDE FEE
4 FOR TRANSFER OF BUSINESS LICENSE, AND TO DELETE PROVISIONS IN
CHAPTERS 5.04 AND 5.68 RENDERED INAPPLICABLE BY AMENDMENTS, AND
5 ADDING CHAPTER 5.84 RELATING TO ENFORCEMENT OF PROVISIONS OF TITLE
5.
6
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
7 ORDAIN AS FOLLOWS:
8
SECTION 1. Section 5.04.020 Subsection B of the S~n
9 Bernardino Municipal Code is amended to read as follows:
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"B. No license granted or issued under any provision of this
11 article shall be transferred or assigned in any manner, nor is any
12 person, firm or corporation other than mentioned or named therein
13 authorized to do business without the written consent of ll.e City
14 Clerk endorsed thereon. At the time any such business is assigned
15 or transferred, the person applying for such transfer shall make
16 application for a license as provided in Section 5.04.015, and
17 shall pay a transfer fee of five dollars to the City Clerk. In
18 the event a business location or mailing address is changed, the
19 licensee shall notify the City Clerk of such change and pay a fee
20 of five dollars."
21
SECTION 2. Section 5.04.021 is added to the San Bernardino
22 Municipal Code to read as follows:
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"5.04.021 Information confidential.
24 It shall be unlawful for the City Clerk or any person having
25 an administrative duty under the provisions of this chapter to
26 make known in any manner whatever the business affairs,
27 operations, or information obtained by an investigation of records
28 and equipment of any person required to pay the license fee, or
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any other person visited or examined in the discharge of official
~uty, or the amount or source of income, profits, losses,
expenditures, or any particular thereof, set forth in any
statement or application, or to permit any statement or
application, or copy of either, in any book containing any
abstract or particulars thereof to be seen or examined by any
person. Nothing in this section shall be construed to prevent:
A. The disclosure to, or the examination of records and
equipment by, another City official, employee, or agent for
collection of license fees for the sole purpose of administering
or enforcing any provisions of this chapter, or collecting license
fees imposed hereunder;
B. The disclosure of information to, or the examination of
records by, federal or state officials, or the tax officials of
another city or county, or city and county, if a reciprocal
arrangement exists, or to a grand jury or court of law, upon
subpoena;
C. The disclosure of information and results of examination
of records of particular licensees, or relating to particular
licensees, to a court of law in a proceeding brought to determine
the existence or amount of any license fee liability of the
particular licensee to the City;
D. The disclosure, after the filing of a written request to
that effect, to a licensee, or to his or her successors,
receivers, trustees, executors, administrators, assignees and
guarantors, if directly interested, of information as to the items
included in the measure of any paid fee, any unpaid license fee or
amounts of fees required to be collected, interest and penalty;
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1 provided however, that the City Attorney approve each such
2 disclosure and that the City Clerk may refuse to make any
3 disclosure referred to in this paragraph when in his or her
4 opinion the public interest would suffer thereby;
5 E. The disclosure of the names and addresses of persons to
6 whom licenses have been issued, and the general type or nature of
7 their business;
8 F. The disclosure by way of public meeting or otherwise of
9 such information as may be necessary to the Mayor and Common
10 Council in order to permit it to be fully advised as to the facts
11 when a licensee files a claim for refund of business license fees,
12 or submits an offer of compromise with regard to a claim asserted
13 against him or her by the City for license fees, or when acting
14 upon any other matter;
15 G. The disclosure of general statistics regarding fees
16 collected or business done in the City."
17 SECTION 3. Section 5.04.030 Subsection D of the San
18 Bernardino Municipal Code is amended to read as follows:
19 "D. Except as specified in Subsection H below, quarterly
20 license fees are due and payable to the City on the first days of
21 January, April, July and October, and expire on the last days of
22 March, June, September and December of each year. The first
23 quarterly license issued to any person shall be issued for the
24 unexpired one-third or two-thirds of the current quarter. Any
25 person, firm or corporation may pay for and procure all four
26 quarterly licenses at the time the first quarterly license is due
27 and payable."
28 SECTION 4. Section 5.04.030 Subsection F of the San
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Bernardino Municipal Code is amended to read as follows:
"F. Except as provided in Subsection H below, semi-annual
license fees are due and payable at the times specified in this
article. If the time of payment is not specified, semi-annual
licenses are payable on the first day of January and July. The
first semi-annual license issued to any person shall be issued for
the unexpired period of the half year of issuance, except as
otherwise provided in this article."
SECTION 5. Section 5.04.030 Subsection H of the San
Bernardino Municipal Code is amended to read as follows:
"H. Where quarterly or semi-annual license fees due from
any business entity total sixty dollars or less annually, the
entire annual amount due shall be due and payable in advance on
the first day of January."
SECTION 6. Section 5.04.040 is added to the San Bernardino
Municipal Code to read:
"5.04.040 Constitutional apportionment.
None of the license fees provided for by this article shall
be so applied as to occasion an undue burden upon interstate
commerce or be violative of the equal protection and due process
clauses of the Constitutions of the United States and the State of
California.
In any case where a license fee is believed by a licensee to
place an undue burden upon interstate commerce or be violative of
such constitutional clauses, the licensee may apply to the City
Clerk for an adjustment of the fee. Such belief shall not excuse
failure to pay the applicable fee when due. Such application may
be made before, at the time of, or within six months after,
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1 payment of the prescribed license fee. A licensee shall, by sworn
2 statement and supporting testimony, show his or her method of
3 business and the gross volume or estimated gross volume of
4 business and such other information as the City Clerk may deem
5 necessary in order to determine the extent, if any, of such undue
6 burden or violation. The City Clerk shall then conduct an
7 investigation, and, after having first obtained the written
8 approval of the City Attorney, shall fix as the license fee for
9 the licensee, an amount that is reasonable and nondiscriminatory,
10 and if the license fee has already been paid, shall order a refund
11 of the amount over and above the license fee so fixed. In fixing
12 the license fee to be charged, the City Clerk shall have the power
13 to base the license fee upon a percentage of gross receipts or any
14 other measure which will assure that the license fee assessed
15 shall be uniform with that assessed on businesses of like nature,
16 so long as the amount assessed does not exceed the license fee as
17 prescribed by this article. Should the City Clerk determine the
18 gross receipts measure of license fee to be the proper basis, he
19 or she may require the licensee to submit, either at the time of
20 termination of the licensee's business in the City, or at the end
21 of each quarter, a sworn statement of the gross receipts and pay
22 the amount of license fee therefor, provided that no additional
23 license fee during anyone calendar year shall be required after
24 the licensee shall have paid an amount equal to the annual license
25 fee as prescribed in this article."
26 SECTION 7. Section 5.04.125 Subsection B of the San
27 Bernardino Municipal Code is amended to read as follows:
28 "B. For every person, firm or corporation conducting,
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1 managing or carrying on, or engaged in the business of selling at
2 auction goods, wares and merchandise, for five or fewer months in
3 a year, the license fee is one hundred dollars per month."
4 SECTION 8. Section 5.04.135 of the San Bernardino Municipal
5 Code is amended to read as follows:
6 "5.04.135 Barbershop.
7 For every person, firm or corporation conducting, managing or
8 carrying on the business of a barbershop, the license fee is ten
9 dollars per quarter for each barbershop of one operator, together
10 with the sum of two dollars per quarter for each additional
11 operator or attendant."
12 SECTION 9. Section 5.04.155 of the San Bernardino Municipal
13 Code is amended to read as follows:
14 "5.04.155 Bowling alley.
15 For every person, firm or corporation conducting, managing or
16 carrying on a public bowling alley, the license fee is four
17 dollars per quarter per lane in each such alley."
18 SECTION 10. Section 5.04.160 of the San Bernardino Municipal
19 Code is amended to read as follows:
20 "5.04.160 Temporary boxing, wrestling or athletic
21 exhibition.
22 Every person, firm or corporation conducting, managing or
23 carrying on a temporary boxing, wrestling or other athletic
24 exhibition or contest shall pay a license fee of forty dollars per
25 night."
26 SECTION 11. Section 5.04.200 of the San Bernardino Municipal
27 Code is amended to read as follows:
28 "5.04.200 Commission merchant or broker - Broker for stocks
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1 or bonds.
2 A. For every person, firm or corporation conducting,
3 managing or carrying on the business of a commission merchant or
4 broker, or stock and bond broker; or buying, selling or otherwise
5 dealing in stocks or bonds, or evidences of indebtedness of public
6 or private persons or of incorporated entities, the license fee is
7 sixty-two dollars and fifty cents per quarter.
8 B. For the purpose of this article, 'commission merchant or
9 broker' is defined to be the business of buying or selling meats,
10 provisions, produce, food products, goods, wares or merchandise,
11 drugs or medicines, jewelry or precious metals, or other tangible
12 property, as a broker or agent, for the owner or consignee thereof
13 for a fee or commission, whether or not the operation of such
14 business customarily includes the actual possession, custody or
15 control of goods, wares or merchandise.
16 C. For the purpose of this article, 'stock and bond broker'
17 is defined to be the business of buying or selling federal, state,
18 county or municipal stocks or bonds, or stocks or bonds of
19 partnerships or incorporated entities, or evidences of
20 indebtedness of private persons, partnerships or of incorporated
21 entities, for a fee or commission."
22 SECTION 12. Section 5.04.330 of the San Bernardino Municipal
23 Code is amended to read as follows:
24 "5.04.330 Manicurist, shampooing or hair-dressing parlor.
25 For every manicurist or shampooing or hair-dressing parlor,
26 the license fee is ten dollars per quarter for each shop of one
27 operator, together with the sum of two dollars per quarter for
28 each additional operator."
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SECTION 13. Section 5.04.370 of the San Bernardino Municipal
Code is amended to read as follows:
"5.04.370 Seller from booth or stand - Peddler - Flags,
banners, balloons, toys, foods and confections.
For every person, firm or corporation engaged in conjunction
with a carnival or similar activity in carrying on the business of
a seller from a booth or stand, or a peddler who sells or offers
for sale flags, banners, balloons, canes, horns, trumpets, musical
or noise-making instruments of any kind, toys, badges, buttons,
shoestrings, hairpins, lead pencils, combs, similar trinkets and
items, souvenirs of any kind, hot dogs, hamburgers, tacos,
burritos, soft drinks, ice cream, ice milk, popcorn, cotton candy,
candy apples, snow cones, and any similar food or confection, or
any combination thereof, the license fee is two dollars per day.
It shall be unlawful to engage in the carrying on of the
businesses listed in this section other than in conjunction with a
carnival or similar activity. A person licensed to sell ice cream
or ice milk products from a vehicle or a cart under Section
5.04.375 shall be exempt from the fees imposed in this section."
SECTION 14. Section 5.04.375 of the San Bernardino Municipal
Code is amended to read as follows:
"5.04.375 Peddler or solicitor - Foodstuffs.
A. For every person, firm or corporation engaged in or
carrying on the business of a peddler, or solicitor of orders, or
for the sampling, or for the sale of any fish, fruits, vegetables,
butter, eggs, buttermilk, milk, ice cream, confection, bread,
crackers, cookies, pies, cakes, pastries, doughnuts, or other
bakery goods, or any other edibles, intended for use as food for
human consumption, by means of delivery by motor truck,
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1 utomobile, wagon, or other vehicle, operated on fixed routes over
2 the streets of the City, the license fee is ten dollars per
3 quarter, per each vehicle, payable in advance.
4 B. For every person, firm or corporation engaged in, or
5 carrying on the business of a solicitor of orders, or for the
6 sampling, or for the sale of any fish, fruits, vegetables, butter,
7 eggs, buttermilk, milk, ice cream, confection, bread, crackers,
8 cookies, pies, cakes, pastries, doughnuts, or any other bakery
9 goods, or any other edibles, intended for use as food for human
10 consumption, by means of any basket, tray, or other container
11 carried by hand and not delivered by motor truck, automobile,
12 wagon, or other vehicle, the license fee is seven dollars and
13 fifty cents per quarter, per each basket, tray, or other
14 container, payable in advance.
15 C. For the purpose of this section, a 'peddler' or
16 'solicitor' is defined to be and include every person, firm or
17 corporation who goes from place to place on a fixed route, who
18 solicits orders for the sale of, or who sells or offers for sale
19 any goods, wares, or merchandise, or the sampling of any goods,
20 wares, or merchandise, as enumerated or contemplated in this
21 section, which he, she, or it has in his, her, or its possesssion,
22 or in his, her, or its motor truck, automobile, wagon, or other
23 vehicle, basket, tray or other container."
'24 SECTION 15. Section 5.04.495 of the San Bernardino Municipal
25 Code is amended to read as follows:
26 "5.04.495 Transient merchants and temporary businesses
27 prohibited.
28 It shall be unlawful to sell merchandise, foodstuffs,
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1 stuffed animals, fruits, vegetables, medicine, eggs, furniture,
2 bakery goods, or similar items from a temporary stand upon any
3 public street, alley or other public place, doorway of any room or
4 building, unenclosed building, or vacant lot, or parcel of land."
5
SECTION 16. Section 5.04.525 of the San Bernardino Municipal
6 Code is amended to read as follows:
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"5.04.525 License fees based on gross receipts.
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A. Professional services. Every person, firm or corporation
9 conducting, managing or carrying on or engaged in any of the
10 businesses hereinafter enumerated in this subsection and not
11 specifically covered elsewhere in this article, shall pay a
12 license fee in accordance with the following table based on annual
13 gross receipts or commissions:
14
Annual gross
receipts or
commissions
License fee
per year
15
16
Less than
$10,000.00 to
15,000.00 to
20,000.00 to
$10,000.00
14,999.99
19,999.99
25,000.00
$ 40.00
60.00
80.00
100.00
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19 If annual gross receipts exceed twenty-five thousand dollars, the
20 annual license fee is one hundred dollars, plus three dollars per
21 year for each one thousand dollars annual gross receipts in excess
22 of twenty-five thousand dollars of such gross receipts. The
23 license provided for in this section shall be paid by every
24 person, firm or corporation conducting, managing or carrying on or
25 engaged in any professional service, business, profession or
26 occupation, which shall include but shall not be limited to the
27 following:
1. Architect
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1 2. Assayer
2 3. Attorney at law
3 4. Auditor, accountant
4 5. Bookkeeper
5 6. Chemist
6 7. Chiropodist
7 8. Chiropractor
8 9. Civil, electrical, chemical or mechanical engineer
9 10. Consultant (one who gives professional advice or
10 services)
11 11. Dentist
12 12. Drafting
13 13. Employment agency
14 14. Marriage or family counselor
15 15. Optic ian
16 16. Optometrist
17 17. Oculist
18 18. Osteopath or osteopathist
19 19. Physical therapist
20 20. Physician
21 21. Real estate broker
22 22. Surgeon
23 23. Trade school
24 24. Undertaker, embalmer or funeral director
25 25. Teacher of private dancing school of more than
26 twelve pupils; and
27 26. Every person carrying on or engaged in the business
28 of treating, curing, administering to or giving treatments to the
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1 sick, wounded or infirm for the purpose of bringing about their
2 recovery, by any method or pursuant to any belief, doctrine or
3 system other than those hereinabove specifically named, and
4 charging fee or compensation therefor.
5 Nothing contained in this section shall be deemed or
6 construed as applying to any person engaged in any of the
7 businesses hereinbefore enumerated, solely as an employee of any
8 other person, firm, or corporation conducting, managing or
9 carrying on any such business in the City.
10 B. Retail merchants (other than food). Every person, firm
lIar corporation conducting, managing or carrying on the business of
12 selling at retail any goods, services, wares or merchandise not
13 otherwise specifically licensed by other sections of this article,
14 shall pay an annual license fee of forty dollars per year, plus
15 three-fourths of one-tenth of one percent (.00075) of all dollar
16 value of annual gross receipts in excess of fifteen thousand
17 dollars of such gross receipts payable quarterly in four equal
18 payments.
19 'Retail merchants (other than food)' for purposes of this
20 subsection shall include but not be limited to the following
21 businesses:
22 1. Alterations
23 2. Ambulance service
24 3. Antiques
25 4. Armored car service
26 5. Art studio or gallery
27 6. Athletic exhibitions
28 7. Barber and beauty supply
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8. Bicycles
9. Boat sales and service
10. Book store
11. Building material sales
12. Camper sales
13. Carpet sales
14. Cleaning or dyeing establishments
15. Clothing stores
16. Cold storage locker rentals
17. Cosmetic sales
18. Data processing services
19. Detective agency
20. Dog grooming
21. Drapery service
22. Drug store
23. Electrical appliance sales and service
24. Equipment rental
25. Film processing
26. Florists
27. Furniture refinishing
28. Furniture store
29. Furrier
30. General merchandise sales
31. Gift shop
32. Graphic arts
33. Guard service
34. Hardware store
35. Ice sales
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1 36. Interior decorating
2 37. Jewelry store
3 38. Nedical equipment sales and service
4 39. Nobile home sales
5 40. Music store
6 4l. Newsstand
7 42. Nursery (plants)
8 43. Paint store
9 44. Pest control service
10 45. Pet cemetery
11 46. Pet store
12 47. Photographers
13 48. Physical culture and health clubs
14 49. Plating works
15 50. Record shop
16 5l. Recycling service
17 52. Repair shops general
18 53. Roller rink
19 54. Shoe repair shop
20 55. Shoe store
21 56. Soft water service
22 57. Sporting goods
23 58. Stock car racing
24 59. S;vimm ing pool supplies and equipment
25 60. Tanning salon
26 6l. Travel agency
27 62. Vehicle leasing
28 63. Vehicle repair shop
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1 64. Vehicle wrecking
2 65. Welding shop
3 C. Retail food merchants. Every person, firm or corporation
4 conducting, managing or carrying on a business consisting
5 principally of selling at retail food for human or animal
6 consumption not otherwise specifically licensed by other sections
7 of this article, shall pay an annual license fee of forty dollars,
8 plus one-half of one-tenth of one percent (.0005) on all dollar
9 value of annual gross receipts in excess of twenty-five thousand
10 dollars of such gross receipts, payable quarterly in four equal
11 payments. In the calculation of said tax, any off cents shall be
12 decreased so as to be divisible by four.
13 'Retail food merchants' for purposes of this subsection shall
14 include but not be limited to the following:
15 1. Bakery
16 2. Confectioners
17 3. Dairy
18 4. Del icatessen
19 5. Feed store
20 6. Grocery store
21 7. Health food store
22 8. Meat market
23 9. Produce store
24 10. Restaurant
25 11. Retail liquor
26 D. Motor vehicle sales, telephone companies and wholesale
27 sales. Every person, firm or corporation conducting, carrying on
28 or managing a business consisting principally of selling motor
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vehicles, operating a telephone company, selling goods, wares or
merchandise at wholesale, other than manufacturing and selling
goods at wholesale; selling at wholesale hydro-carbon, lubricating
oil or gasoline, shall pay an annual license fee of one-fourth of
one-tenth of one percent (.00025) of annual gross receipts from
sales and deliveries made in the City, but in no case shall the
annual license fee be less than forty dollars, payable quarterly
in four equal payments.
E. Manufacturers. Every person, firm or corporation
manufacturing and selling any goods, wares or merchandise at
wholesale, and not otherwise specifically taxed by other
provisions of this article, shall pay an annual license fee of
forty dollars or a fee of one-fourth of one-tenth of one percent
(.00025) of annual gross receipts from sales within or without the
boundaries of the City, provided such goods, wares, or merchandise
are not shipped outside of the State of California, whichever is
greater, payable quarterly in four equal payments.
F. Office rental, hotel, roominghouse, lodginghouse,
boardinghouse, motel, ministorage, etc. Every person, firm or
corporation conducting, managing or carrying on the business of
leasing or renting office building rooms or suites or other
business rentals including ministorage; operating a hotel,
roominghouse, lodginghouse, boardinghouse, apartment house, court
motel or structure or any combination of structures which compose
four or more units, shall pay a license fee in accordance with the
following table based on annual gross receipts:
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Annual gross License fee
receipts per year
Less than $15,000.00 $ 40.00
$15,000.00 to 19,999.99 50.00
20,000.00 to 24,999.99 60.00
25,000.00 to 29,999.99 70.00
30,000.00 to 34,999.99 80.00
35,000.00 to 39,999.99 90.00
40,000.00 to 44,999.99 100.00
45,000.00 to 49,999.99 110.00
50,000.00 to 54,999.99 120.00
55,000.00 to 59,999.99 130.00
60,000.00 to 64,999.99 140.00
65,000.00 to 69,999.99 150.00
70,000.00 to 74,999.99 160.00
75,000.00 to 79,999.99 170.00
80,000.00 to 84,999.99 180.00
85,000.00 to 89,999.99 190.00
90,000.00 to 94,999.99 200.00
95,000.00 to 100,000.00 210.00
If annual gross receipts exceed one hundred thousand dollars, the
annual license fee is two hundred ten dollars, plus fifty cents
for each one thousand dollars annual gross receipts in excess of
one hundred thousand dollars of such gross receipts.
The intent of this section is to require a license for the
business of leasing or renting of dwelling units, office units, or
storage units where four or more units exist on the same location,
regardless of:
1. The plan of construction or assembly of the units;
2. Whether the units are all located on the same lot or
parcel of property, so long as they are on contiguous lots or
properties;
3. Whether all of the units are actually rented or
leased;
4. Whether one of the units is occupied by the licensee
or his or her agents as a private residence or office."
SECTION 17. Section 5.04.575 of the San Bernardino Municipal
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COdE is amended to read as follows:
"5.04.575 Fees for businesses not fixed by article.
For each business, show, exhibition or game conducted,
operated or carried on in the City, the license fee of which is
not otherwise fixed by the provisions of this article, the
license fee shall be forty dollars per year."
SECTION 18. Chapter 5.84 is added to the San Bernardino
Municipal Code to read as follows:
"Chapter 5.84
ENFORCEMENT - CITING AUTHORITY
5.84.010 Enforcement.
It shall be the duty of the City Clerk, or his or her
authorized representatives, to enforce the provisions of this
title.
5.84.020 Right of entry - Exhibition of license.
A. The City Clerk, or his or her authorized
representatives, and police officers, are empowered to enter,
during business hours, free of charge, any place of business, or
to approach any person apparently conducting or employed in the
operation of the business, for which a license is required
pursuant to this title, and to demand the exhibition of such
license for the current term. If such person then and there fails
to exhibit such license, the authorized representative or police
officer is authorized and empowered to cite the person and issue
a notice to appear pursuant to the provisions of this title,
relating to licensing of businesses within the City.
B. Such representatives and police officers shall ascertain
the name of any person, firm, or corporation or association
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engaged in or carrying on any business, show, exhibition or game
in the City who or which is liable to obtain and pay for a
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license and shall require that such license be obtained and that
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the appropriate fee or tax be paid. The Police Department and
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other departments of the City shall assist and cooperate as may
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be required to enable the fulfillment of the imposed duties and
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responsibilities hereunder."
8
SECTION 19. Sections 5.04.045, 5.04.180, 5.04.185,
5.04.190, 5.04.195, 5.04.240, 5.04.300, 5.04.305, 5.04.345,
5.04.365, 5.04.380, 5.04.390, 50.04.395, 5.04.400, 5.04.405,
5.04.445, 5.04.460, 5.04.465, 5.04.485, 5.04.510, 5.04.550,
5.04.555, 5.04.565, 5.04.570, 5.04.585, 5.04.590, 5.04.660, and
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5.68.020 of the San Bernardino Municipal Code are hereby
repealed.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held
on the 6th
day of
September
, 1983, by the following
19 vote, to wit:
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AYES:
Council Members Reilly, Hernandez, Marks, Quiel,
Frazier, Strickler
NAYS:
None
ABSENT:
Council Member Castaneda
d~f~rf&(b'
The foregoing ordinance is hereby approved this 1~
day
/ / /
/ / /
19
MC-302 .
.
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. .
of
( --"f
~,,)/fL//;r,-y~
ino
, 1983.
Approved as to form:
t;Z~~
20