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HomeMy WebLinkAbout39-City Attorney ., CI.OF SAN BERNARDeo - REQU'" FOR COUNCIL N From: Ralph H. Prince Subject: Ordinance Re Outdoor Sales and Displays Dept: City Attorney Date: June 26, 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 out- door display of merchandise be approved. 4/21/86 6/19/86 Council referred item back to Legislative Review Committee. Legislative Review Committee recommended approval with chanqes. Recommended motion: waive further first reading of ordinance and layover for final adoption. \ ~dJlfiJ~ Signature Contact person: Cynthia Grace / Phone: 5056 FUNDING REQUIREMENTS: Amount: N/A Source: N/A N/A Supporting data attached: Yes Ward: Finance: Council Notes: 75-0262 Agenda Item' No.\. 1r; '. . . . 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.22 fu~D AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO 3 REQUIRE A PERMIT FOR AND DEFINITION OF PARKING LOT SALES AND SIDEWALK SALES, AND TO PERMIT PARKING LOT SALES AND SIDEWALK SALES 4 IN C-l, C-2, C-3 AND C-M DISTRICTS SUBJECT TO A PERMIT. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 6 ORDAIN AS FOLLOWS: 7 SECTION 1. Chapter 5.22 is added to the San Bernardino 8 Municipal Code to read: 9 10 "CHAPTER 5,22 OUTDOOR SALES AND DISPLAYS 11 5.22.010 Permit required. 12 It is unlawful for any person, firm or corporation to 13 conduct a 'parking lot sale' or 'sidewalk sale,' except upon 14 issuance of a permit by the City Clerk. 15 5.22.020 Permit - Fee. 16 The permit fee shall be established by resolution of the 17 Mayor and Common Council. 18 5.22.030 Permit - Issuance. 19 A. Said permit. shall be issued only to persons holding an 20 active business license at the time of the application for such 21 permit, and such permit shall be kept on the premises while in 22 force. 23 B. A permit shall not be issued for the same location more 24 than four times in any calendar year and not more than once 25 within any thirty day period. The permit shall be valid for 26 nine calendar days, including holidays. The beginning and ending 27 date of the sale shall be stated in the permit. 28 ~. . . . 5.22.040 Limited outdoor displays permitted. 1 Limited outdoor displays of merchandise may be permitted 2 without a permit pursuant to Section 5.22.010, as long as the 3 following criteria are met: No merchandise shall be displayed in pUblic rights-of- 4 A. 5 way. 6 B. 7 meet the 8 C. 9 meet the 10 D. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No merchandise shall be displayed in areas required to parking specifications set forth in Chapter 19.56. No merchandise shall be displayed in areas required to landscaping standards set forth in Section 19.56.120. No merchandise shall be displayed in such a way that it creates a public safety hazard. E. No merchandise shall be displayed more than ten feet from the main public entrance. SECTION 2. Section 19.04.457 is added to the San Bernardino Municipal Code to read: "19.04.457 Parking lot sale. 'Parking lot sale' means a promotional sales event conducted by one or more businesses, which is held outside the confines of the commercial or manufacturing building or buildings in which such business is normally conducted, and which sale involves the utdoor display, within a paved area on the same lot as the uilding, of merchandise which is normally displayed within the uilding." SECTION 3. Section 19.04.487 is added to the San Bernardino unicipal Code to read: "19.04.487 Sidewalk sale. 2 ~. . . . ----- "__u m -l . 1 2 one or more businesses, which is held outside the confines of the 3 commercial or manufacturing building or buildings in which such 4 business is normally conducted, and which sale involves the 5 outdoor display, within a paved area on the same lot as the 6 building, of merchandise which is normally displayed within the 7 building. " 8 9 Bernardino Municipal Code is amended to read: 10 'Sidewalk sale' means a promotional sales event conducted by "A. Retail stores of the following types conducted wholly 11 within an enclosed structure. No outdoor display of merchandise 12 other than motor vehicles shall be permitted unless approved 13 under Chapter 5.22 pertaining to outdoor sales and displays: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. Section 19.24.020 Subsection A of the San 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. Grocery, fruit, or vegetable store; 8. Hardware or electrical appliance store; 9. 10. 11. 12. Jewelry store; Meat market or delicatessen store; Packaged ice station; Photographic supplies store; 13. Stationery store." 3 . . . . 1 SECTION 5. Section 19.24.020 Subsection E of the San 2 Bernardino Municipal Code is amended to read: 3 "E. Outdoor sales and displays. Parking lot sales or sidewalk sales conducted under the provisions of Chapter 5.22." 4 SECTION 6. Section 19.24.020 Subsection F is added to the 5 6 San Bernardino Municipal Code to read: 7 "F. Other. Such other uses as the Commission determines to be similar." 8 9 SECTION 7. Section 19.26.020 Subsection B of the San 10 Bernardino Municipal Code is amended to read: 11 "B. Retail stores of the following types conducted wholly 12 within an enclosed structure. No outdoor display of merchandise 13 shall be permitted unless approved under Chapter 5.22 pertaining 14 to outdoor sales and displays: 15 1. Antique store; 16 2. Art shop; 17 3. Automobile sales agency, with incidental service 18 and repairs; 19 4. Bakeries (not more than ten employees); 20 5. Bird store; 21 6. Clothing store; 22 7. Establishment offering alcoholic beverages for on 23 site consumption, including those integrated with a restaurant, 24 subject to a conditional use permit; B. Department store; 9. Drive-in restaurants subject to a conditional use 25 26 27 permit; 28 4 . .. . . . 1 2 10. Electrical supply shop; 11. Feed and fuel stores (entirely within building devoted to retail sales); Frozen food lockers (retail only); Furniture store; Ice storage houses (limit capacity to five tons); Liquor store; Newsstands; Paint stores; Pet shops; Plant nurseries (fertilizer stored within 3 12. 4 13. 5 14. 6 15. 7 16. 8 17. 9 18. 10 19. 11 building) ; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. Plumbing supply shop; 21. Printing shop; 22. Truck and leather goods store." SECTION 8. Section 19.28.020 Subsection B of the San Bernardino Municipal Code is amended to read: "B. Retail stores of the following types conducted wholly within an enclosed structure. No outdoor display of merchandise shall be permitted unless approved under Chapter 5.22 pertaining to outdoor sales and displays: 1. Automobile sales, new and used cars including servicing and repairs conducted entirely within a building; 2. Commercial greenhouses (retail only); 3. Secondhand goods sold entirely within an enclosed building (no junkyards); 5 . . 1 2 3 . . . 4. Used cars and trailer sales lots (service and repair facilities conducted entirely within a building)." SECTION 9. Section 19.34.030 Subsection D of the San Bernardino Municipal Code is amended to read: 4 5 "D. All uses except those uses specifically permitted in M- 1 or M-lA districts herein shall be conducted wholly within a 6 7 building. No outdoor display of merchandise shall be permitted unless approved under Chapter 5.22 pertaining to outdoor sales 8 9 and displays." 10 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San 11 12 Bernardino at a 13 the meeting thereof, held on day of , 1986, by the following vote, to wit: 14 26 Approved as to form: ~~:d/ City Attorney 15 16 17 18 19 20 21 22 23 of 24 25 27 28 AYES: NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day , 1986. Mayor of the City of San Bernardino 6