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CITY' OF. 'SAN BERNAFINO - REQUEST FCW COUNCIL ACTION
From: James F. Penman
Subject: 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.
Dept: Ci ty Attorney
Date: August 5, 1993
Synopsis of Previous Council action:
MC-502, March 3, 1986
MC-505, March 17, 1986
MC-692, December 18, 1989
~ {:_': ~~ <':":': f
Recommended motion:
Waive further reading and lay over for final adoption.
/I
~?~
{/ Signature
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Contact person:
James F. Penman
Phone:
5255
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.!
(Acct. DescriDtionl
Finance:
Council Notes:
75.0262
Agenda Item No
2/
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CITY' OF. SAN BERNAFINO - REQUEST FCW COUNCIL ACTION
STAFF REPORT
The provisions of Chapter 5.82 of the San Bernardino Municipal
Code currently require that in order to qualify for a Business
Operator's Permit (which must be obtained for the operator of
hotels, motels, drive-through dairies, or a business incidental or
auxiliary to the sale of alcoholic beverages on premises) an
individual must disclose all convictions for whatever purpose no
matter when they might have occurred. In determining whether to
grant the permit, the Chief of Police must conclude that there were
not prior significant arrests or pOlice investigations relating to
the operation of the business. These are Ordinances which have
been on the books for some time, and it is recommended that they be
amended to limit the convictions that can be considered to those
occurring within the last five (5) years and eliminating the
ability to rely on arrests or investigations which do not result in
convictions of the operator.
75-0264
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ORDINANCE NO.
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 application 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 five (5) 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
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DAB/bg [Pera1t.OrdJ
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Augu.t 4. 1993
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"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
circWllstances concerning the application submitted 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 five (5) 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
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register under Penal Code 5290 or Health
and Safety Code 511590;
IWl/bg [Penoit.Ord) 2 AUlJU8t 4. 1993
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"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
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."
I HEREBY CERTIFY that the foregoing Ordinance was duly
adopted by the Mayor and Common Council of the City of San
meeting thereof, held on the
, 1993, by the following vote, to wit:
Bernardino at a
day of
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IlNIIbv [Perait.Ord]
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Augutlt 4. 1993
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I,
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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.
Council Members:
AYES
NAYS
ABSTAIN ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
OFFICE VACANT
POPE-LUDLAM
MILLER
City Clerk
The foregoing Ordinance is hereby approved this
day
of
, 1993.
Torn Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
DNI/bg [Pendt.Ord)
4
Auguet 4. 1993
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ORDINANCE NO.
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 application 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
i ti '1II1~u.''''~''''''.'"''''ii:''I'~'''''''''''''''''''''''(1::'''''' ,,"." '0"""',","''''''' '"1.''' """"'''d' .." a. '''1''
conv c ons ~~,~~~g::li:i',,,,~\;>,ti"i~"',!,~,'::"',,',,v,:,''Ye~''~iIi:'':!!Uh''';';8..e 'Y
pi'eljitii1!Qli!:t:~~i:;:cJ~l!~~r~~:~ppt!6li:,€fbh, 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 lIillilliiiJI!il:l'lii/; 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
III
DllB/bg [PeraiU.OrIl)
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Auguet 4. 1993
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"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 submitted 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. Rlbl1ll~~~~~~r_R1~~I~IIIIIJ~~!I~~III~l~~~~~lllllrll
1'~~~~'1;~ct:~1Y:I:;::!:w:i9~~~g!IIII:~l#:i:::::tl!,'l,~:!1I:!':!i~~11j:!I~I"
a:PP":r,lC~..~~~, the applicant has not been
convicted of:;j~~:;;Q~(:;riP1~:rl'~il!~"1i1~::,,:~::T:;~:i;iOl~.
Q9n:t;~~~11I~~;:;t;~:;:: any felony or crime of moral
turpitude 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. There were not prior slqniflcant
arrests or pollce lnvestiqations concerning
'.:Jexual I111SCOllduct, llllcit druq
OAB/bg [PeraitZ.Ord]
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Auguat 4. 1993
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transactions, ' ienclog' activi tles or
related crlmes occurring on and related to
the operatlon of the buslness premlses of
applicant;
OAB/bg IPenlit2.Ord)
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AUgullt 4. 1993
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SEC'l'IONS
5.82.030 AND 5.82.050 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO BUSINESS OPERATOR'S PERMITS.
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
OFFICE VACANT
POPE-LUDLAM
MILLER
City Clerk
The foregoing Ordinance is hereby approved this
day
of
, 1993.
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
OAB/bg IPe..tt2.0rdJ
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Auguet 4. 1993