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HomeMy WebLinkAboutS06-City Attorney - - - - CITY OF SAN BER~DINo1 REQUEST "R COUNCIL ACTION From: James F. Peman Subject: ~~eof~eCiqof&m Bernardino amerrling Sections 5.82.020 and 5.82.030 of ~ San Bernardino Municipal Caie Relating to Operators Pennits Dept: City Attarrey November 28, 1989 Date: Synopsis of Previous Council action: 3-3-86 adoption of Ord. MC-502 Recommended motion: Wave further reading and layover for adoption. , , 7-' Signature Contact person: Dennis A. Barl= Phone: 5355 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No. s- b- CITY OF SAN BERtaRDINO - REQUEST "R COUNCIL ACTION STAFF REPORT In the pending case of All-American Stirs v City, the plaintiff has challenged certain provisions of San Bernardino Municipal Code Chapter 5.82 relating to the City's requirement for Operator's Permits for various businesses. In order to strengthen the ordinance against constitutional attack, the attached ordinance is proposed to clearly specify that the City is not requiring a permit for the selling of alcoholic beverages, and is not, in this ordinance, controlling the right of free speech through entertainment. 75-0264 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 5.82.020 AND 5.82.030 OF THE SAN BERNARDINO MUNICIPAL CODE 3 RELATING TO OPERATORS PERMITS 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 7 8 9 SECTION 1. Sections 5.82.020 and 5.82.030 of the San Bernardino Municipal Code are hereby amended to read as follows: "5.82.020 Permit - Required. It is unlawful for any person, whether as principal or agent, clerk or employee, acting personally or for any other person, or for any corporate entity, or as an officer of any company, partnership or corporation, or otherwise, to commence, manage, or conduct the business of operating a hotel, motel, drive-through dairy, selling food or non -aicoholic refreshments, or any business incidental or auxiliary to the operation of on- and off-sale premises licensed by the State Alcoholic Beverage Control, including but not limited to restaurants, bars, cafes and the like, in the City, without a valid and unsuspended permit issued by the City Clerk or without complying with any regulation of such business imposed under or by this chapter. The operation of any business regulated by this chapter without having such a permit from the City to do so, or without complying with any and all regulations of such business required by this chapter, shall constitute a separate violation of this chapter for each and every day that such business is so operated. / / / DAB/ses November 28, 1989 1 . . 1 ORDINANCE OF THE. CITY OF SAN BERNARDINO AMENDING SECTIONS 5.82.020 AND 5.82.030 OF THE SAN BERNARDINO MUNICIPAL CODE 2 RELATING TO OPERATORS PERMITS 3 4 5 6 7 8 9 10 "5.82.030 Permit - Application. An applicant for a permit for the operation of any such hotel, motel, 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 11 12 13 14 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 15 criminal convictions, if any (except for infractions of the 16 Vehicle Code), of the applicant and all persons financially 17 interested in the applicant's business, and such other 18 information as may be deemed necessary by the City Clerk." 19 I HEREBY CERTIFY that the foregoing ordinance was duly 20 adopted by the Mayor and Common Council of the City of San 21 Bernardino at a meeting thereof, held on the 22 day of , 1989, by the following vote, to wit: 23 AYES: Council Members 24 25 26 27 28 NAYS: ABSENT: City Clerk DAB/ses November 28, 1989 2 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 ].4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 5.82.020 AND 5.82.030 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO OPERATORS PERMITS The foregoing ordinance is hereby approved this day of , 1989. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~ ;':~ -~--:~ -----~~ DAB/ses November 28, 1989 3