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HomeMy WebLinkAbout28-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman, City Attorney Subject: Ordinance of the City of San Bernardino Amending Chapter 5.04 of the San Bernardino Municipal Code relating to Criminal Penalties. Dept.: City Attorney's Office Date: January 27,1997. Synopsis of Previous Council action: In 1991, Council amended Chapter 5.04 changing the designation of "Business License" to "Business Registration Certificate" and removed the Certificate of Occupancy requirement from the Business Registration Certificate process. Recommended motion: That Council approve the City Attorney's proposal to amend San Bernardino Municipal Code g5.04.640 to allow criminal prosecutions against businesses and professions that require a state license that are not in compliance with Chapter 5.04. ? Signature Contact person: James F. Penman Phone: 5355 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Previously . ~;1',A 7' 4- s .:J.. Ordin~nce MC-~~I Agenda Item No., CDKftbm[5.04.640] 11- c2<f' ();J. /11#7 STAFF REPORT Council Meeting Date: Monday February 10. 1997 TO: FROM: DATE: AGENDA ITEM: Mayor and Common Council James F. Penman, City Attorney January 27, 1997 Ordinance of the City of San Bernardino Amending Section 5.04.640 of the San Bernardino Municipal Code relating to Criminal Penalties. Currently, San Bernardino Municipal Code 95.04.640 prohibits the City from filing a criminal complaint against a business or profession that requires a state license if it fails to comply with the business registration requirements in Chapter 5.04. San Bernardino Municipal Code 95.04.640 states: "5.04.640 Applicability of criminal penalties and regulatory procedures. The criminal penalties and regulatory procedures provided for by this Article shall not be applied to businesses or professions requiring a state license as a condition precedent to doing business in the City, nor as a method of obtaining collection of the fees. Nothing provided in this Article shall prevent criminal prosecutions as otherwise provided by law, or the application of any regulatory procedures in instances where the field is not preempted by state law. (Ord. MC-817, 1-6-92)" Although state law allows a city to enact laws to tax businesses operating within their boundaries and to enforce those laws with criminal penalties, in 1964, the City of San Bernardino passed Ordinance No. 2635 prohibiting criminal prosecutions against businesses and professions that require a state license when they failed to comply with the business registration requirements in Chapter 5.04. Since businesses and professions that do not require a state license are susceptible to criminal prosecution when they fail to comply with Chapter 5.04, and there does not appear to be a rationale to provide special protection from criminal prosecution for businesses and professions licensed by the state, it is recommended that section 5.04.640 be amended by deleting the first sentence so that it reads as follows: "5.04.640 Applicability of criminal penalties and regulatory procedures. Nothing provided in this Article shall prevent criminal prosecutions as otherwise provided by law, or the application of any regulatory procedures in instances where the field is not preempted by state law." ~1.~ sF. Penman, City Attorney