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HomeMy WebLinkAboutMC-219 ( . y 1 2 3 4 5 6 7 8 9 10 11 ]2 13 ]4 15 ]6 17 18 19 20 21 22 23 24 25 26 27 28 .. . '. . ORDINANCE NO. ;'1C'--.?:'~ 9 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE A PROCEDURE FOR SUSPENSION OF FIREWORKS SALES LICENSES, APPEALS FROM SUSPENSIONS, AND LOSS OF PRIORITY STATUS IN EVENT OF SUSPENSION, AND MAKING A TECHNICAL CHANGE IN DATES AND HOURS OF SALE. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 8.60.010 of the San Bernardino Municipal Code is amended to read: "8.60.010 Dates and hours of sale. Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the state may be sold and discharged within the City during the period beginning at twelve noon on the 28th day of June and ending at eleven fifty-nine p.m. on the 5th day of July each year pursuant to the provisions of this chapter and not otherwise." SECTION 2. Section 8.60.050 Subsection D of the San Bernardino Municipal Code is amended to read: "D. If the number of applications exceed the number of licenses to be issued, the licensees during the preceding year shall have first priority for the available licenses. A licensee shall retain its priority from year to year only so long as the licensee continues to represent each and all of the participating organizations which operated under the license during the preceding year. Each participating organization shall be deemed to be a co-licensee and joint venturer with the licensee claiming first priority and shall have the same duties and liabilities under the license. Any change in organizations within the joint venture shall constitute a change causing that joint venture to I MC.-2l9 1 2 3 4 5 6 7 8 9 10 11 ]2 13 ]4 15 ]6 17 ]8 19 20 21 22 23 24 25 26 27 28 lose its priority. If there are any additional licenses available after priority organizations have been considered, such additional licenses shall be granted by a drawing supervised by the City Clerk. Any prior licensee, the license of which has been suspended under the provisions of Section 8.60.055, shall lose its priority, and shall be eligible for a new license only upon sat_isfying the Fire Chief tha-t suitable arrangements have been made to preclude future violations. If the Fire Chief certifies his satisfaction, such licensee shall be permitted to compete with other additional applicants for such additional licenses as may be available through the drawing." SECTION 3. Section 8.60.055 is added to the San Bernardino Municipal Code to read: "8.60.055 Suspension of license - Appeal procedure. A. The Fire Chief or his designee shall be authorized to suspend immediately and without notice or formal hearing the license of any licensee which violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale. If the Fire Chief or his designee establishes that a violation has occurred too late to suspend the license during the period of sale, he shall have power to suspend the licensee from future licenses, and to suspend the priority of the licensee, for any such violation found to have occurred during or immediately preceding or immediately following the authorized period of sale. B. The decision of the Fire Chief or his designee to suspend the license of any licensee shall be subject to review by the City Administrator, forthwith. In view of the limited sales periOd -2- MC;-219 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 ..' each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the licensee, ci t.y Administrator or his designee, and the representative of the Fire Chief can schedule a meeting for such review. For suspensions after the SAle period, the hearing shall be held wi tohin one month after re'juest. for hearing, which request must be made within fifteen days after notice of the suspension. The City Administrator, or his designee, is authorized to set aside the suspension, or to modify the suspension by limiting its effect to only one or more days, or by setting aside the forfeiture of priority status for future years. The decision of the City Administrator or his designee shall be final, unless appealed to the Mayor and Common Council under the provisions of Chapter 2.64. " 1 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 1st "lovember , 1982, by the following vote, day of to wi t: AYES: Council Members Castaneda, Reilly, Hernandez, Quiel, Hobbs, Strickler NAYS: None ABSENT: none - ~ -,~d?Y//17/ /" ,,~ City Clerk of r;--i,,v The foregoing ordinance is hereby .,;>,.,,, day , 1982. -3- . MC-219 . 1 Approved as to form: c~/f/~ 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 -4- .' -,