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HomeMy WebLinkAbout34-City Attorney - CI~ OF SAN BERNARDI~ - REQUE. FOR COUNCIL ACT. From: Ralph H. Prince Subject: Ordinance Re Outdoor Sales and Displays Dept: City Attorney Da~: April 11, 1986 Synopsis of Previous Council action: 3/6/86 Legislative Review Committee recommended that the amendment relating to prohibiting signs and parking lot and sidewalk sales be approved with the following changes: title changed to "Outdoor Sales and Displays." The sales would be authorized four times per year, for no longer than nine days, with at least seven calendar days between reissuance and termination. 3/20/86 Legislative Review Committee recommended that the amendment to outdoor display of merchandise be approved. Recommended motion: Waive further first reading of ordinance and layover for final adoption. (/ (;~ f'",.::.J2/ v' Signature Contact person: ___ __ Supporting data attached: _______ Yes William Sabourin Phone: 5055 _ Ward:~LlL______ ______ FUNDING REQUIREMENTS: Amount: None Source: N/A Finance: Council Notes: / Agenda Item No ~ 75.0262 . . . . . 1 URDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.22 AND AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO 3 PERMIT REMOVAL BY PUBLIC EMPLOYEES OF SIGNS ATTACHED TO PUBLIC PROPERTY, TO REQUIRE A PERMIT FOR AND DEFINITION OF PARKING LOT 4 SALES AND SIDEWALK SALES, AND TO PERMIT PARKING LOT SALES AND SIDEWALK SALES IN C-l, C-2, C-3 AND C-M DISTRICTS SUBJECT TO A 5 PERM!T. 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO i ORDAIN AS FOLLOWS; 8 SECTION 1. Chapter 5.22 is added to the San Bernardino 9 Municipal Code to read: 10 11 .CHAPTER 5.22 OUTDOOR SALES AND DISPLAYS 12 5.22.010 Permit required. 13 It is unlawful for any person, firm or corporation to conduct 14 a 'parking lot sale' or 'sidewalk sale', except upon issuance of a 15 permit by the City Clerk. 16 5.22.020 Permit - Fee. 17 The permit fee shall be established by resolution of the 18 Mayor and Common Council. 19 5.22.030 Permit - Issuance. 21 active business license at the issued only to persons holding an I time of the application for such 20 A. Said permits shall be 22 permit. 23 B. A permit shall not be issued for the same location more 24 than four times in any calendar year. The permit shall 25 automatically terminate nine calendar days, including holidays, 26 following the date of issuance. A permit may be issued for the 27 same location only once in any three month period, with at least 28 seven calendar days between the expiration of an existing permit I ~ - . . . . . 1 and issuance of a new permit." 2 SECTION 2. section 19.04.457 is added to the San Bernardino 3 Mun ic ipal Code to read: 4 "19.04.457 parking lot sale. 5 'Parking lot sale' means a promotional sales event conducted 6 by one or more businesses, which is held outside the confines of i the commercial or manufacturing building or buildings in which 8 such business is normally conducted, and which sale involves the 9 outdoor display, within a paved area on the same lot as the 10 building, of merchandise which is normally displayed within the 11 building." 12 SECTION 3. Section 19.04.487 is added to the San Bernardino 13 Municipal Code to read: 14 "19.04.487 Sidewalk sale. 15 'sidewalk sale' means a promotional sales event conducted by 16 one or more businesses, which is held outside the confines of the 17 commercial or manufacturing building or buildings in which such 18 business is normally conducted, and which sale involves the 19 outdoor display, within the paved limits of the same lot on which 20 the building is located, of merchandise which is normally . 21 displayed within the building. No sales or outdoor displays shall 22 be permitted in the public right-of-way adjacent to said lot." 23 SECTION 4. Section 19.24.020 Subsection A of the San 24 Bernardino Municipal Code is amended to read: 25 "A. Retail stores of the following types conducted wholly 26 within an enclosed structure. No outdoor display of merchandise 27 shall be permitted unless approved under Chapter 5.22 pertaining 28 to outdoor sales and displays: -2- . . . . . 1 2 3 4 5 6 1. Bakery employing not more than five persons; 2. Book store; 3. Confectionery store; 4. Drugstore; 5. Drygoods or notions store; 6. Florist or gift shop; 7 7. Grocery, fruit, or vegetable store; 8 9 10 11 12 13 B. Hardware or electrical appliance store; 9. Jewelry store; 10. Meat market or delicatessen store; 11. Packaged ice station; 12. Photographic supplies store; 13. stationery store." 14 SECTION 5. Section 19.24.020 Subsection E of the San 15 Bernardino Municipal Code is amended to read; 16 "E. Outdoor sales and displays. parking lot sales or 17 sidewalk sales conducted under the provisions of Chapter 5.22." 18 SECTION 6. Section 19.24.020 Subsection F is added to the 19 san Bernardino Municipal Code to read: 20 "F. other. Such other uses as the Commission determines to . 21 be similar." 22 SECTION 7. Section 19.26.020 Subsection B of the San 23 Bernardino Municipal Code is amended to read: 24 "B. Retail stores of the following types conducted wholly 25 within an enclosed structure. No outdoor display of merchandise 26 shall be permitted unless approved under Chapter 5.22 pertaining 27 to outdoor sales and displays: 28 1. Antique store; -3- l . . . . .: 1 2 3 repairs: 4 5 6 i 2. Art shop: 3. Automobile sales agency, with incidental service and 4. Bakeries (not more than ten employees): 5. Bird store: 6. Clothing store: 7. Establishment offering alcoholic beverages for on 8 site consumption, including those integrated with a restaurant, 9 subject to a conditional use permit: 10 11 8. Department store: 9. Drive-in restaurants (subject to conditional use 12 permit): 13 14 10. Electrical supply shop: 11. Feed and fuel stores (entirely within building 15 devoted to retail sales): 16 12. Frozen food lockers (retail only): 17 13. Furniture store: 18 14. Ice storage houses (limit capacity to five tons) : 19 15. Liquor store: 20 16. Newsstands: , 21 17. Paint storeS1 22 18. Pet shops: 23 19. plant nurseries ( fert il izer stored within 24 building) I 25 20. 26 21. 27 22. 28 SECTION 8. Plumbing supply shop: printing shop: Trunk and leather goods store." Section 19.28.020 Subsection B of the San -4- . . . . . I 1 i ] Bernardino Municipal Code is amended to read: 2 "B. Retail stores of the following types conducted wholly 3 within an enclosed structure. No outdoor display of merchandise 4 shall be permitted unless approved under Chapter 5.22 pertaining 5 to outdoor sales and displays: 6 1. Automobile sales, new and used cars including 7 servicing and repairs conducted entirely within a building; 8 2. Commercial greenhouses ( retail only); 9 3. Secondhand goods sold entirely within an enclosed 10 building ( no junkyards); 11 4. used cars and trailer sales lots (service and repair 12 facilities conducted entirely within a building)." 13 SECTION 9. section 19.34.030 Subsection D of the San 14 Bernardino Municipal Code is amended to read: 15 "D. All uses except those uses specifically permitted in M-l 16 or M-1A Districts herein shall be conducted wholly within a 17 building. No outdoor display of merchandise shall be permitted 18 unless approved under Chapter 5.22 pertaining to outdoor sales 19 and displays." 20 SECTION 10. Section 19.60.040 of the San Bernardino tt 21 Municipal Code is amended to read: 22 "19.60.040 Prohibition. 23 A. It is unlawful for any person except a public officer or 24 employee in performance of a public duty to attach a sign to any 25 public property except as may be required by ordinance or law. 26 Any sign attached to public property in violation of this section 27 shall be subject to immediate removal by any authorized public 28 officer or employee of the City of San Bernardino. -5- -~. - . . . . . 1 B. Any sign removed under this section shall be held by the 2 Director of Public Services for ten calendar days. During said 3 holding period the owner of the sign may recover it from the 4 Department of Public Services. Upon expiration of said holding 5 period, any such sign shall be destroyed." 6 I HEREBY CERTIFY that the foregoing ordinance was duly 7 adopted by the Mayor and Common Council of the City of San 8 Bernardino at a meeting thereof, held 9 on the day of , 1986, by the following 10 vote, to wit: 11 12 Council Members AYES: 13 NAYS: 14 ABSENT: 15 16 17 18 19 20 21 22 City Clerk The foregoing ordinance is hereby approved this day of , 1986. . Mayor of the City of San Bernardino Approved as to form: 23 24 y ;j? f;tI3~~ 25 City ttorney 26 27 28 -6-