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HomeMy WebLinkAbout12-City Clerk rT i , . ~ CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION Dept: City Clerk Date: June 18, 2002 Or/~,q1L UJ....llHi~ Subject: Resolution of the Mayor and Common Council of the City of San Bernardino, Califomia, amending Resolution No. 96-188 by adding Dine and Dance/Entertainment registrations fees . From: Rachel G. Clark, CMC Council Meeting: 7/15/02 Synopsis of Previous Council Action: 6/12/02 Referred to Mayor and Common Council by Ways and Means Committee 8/20/01 Resolution No. 2001-250 was adopted amending Resolution No. 1999- 173 relating to Dine and Dance/Entertainment license fee 7/13/99 Resolution No. 1999-173 was adopted setting certain fees in the City Clerk's Office 6/1/96 Resolution No. 96-188 was adopted establishing business registration and permit fees Recommended Motion: Adopt resolution. '12~J1.C1cvJz Signature ~ ~ Contact person: r.inrly RIIP,,..htp,r. RII~inp,c:c: ~p,ai~tr~tion Sup. Phnn,,- I=vt ~n~~ Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (A,..,..t np,~r.rirtinn) Finance: Council Notes: {2.e;;(l:l! ~()Od- - :::l'b C; Agenda Item No. jd.-. 7/15jO()- Ir, ! CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution of the Mayor and Common Council of the City of San Bernardino, California, amending Resolution No. 96-188 by adding Dine and Dance/Live Entertainment fees. This is a clean up item as discussed by the Ways and Means Committee. Background: Municipal Code Sections 5.14.080 A and B currently address the registration fees for Dine and Dance/Live Entertainment. These code sections reference rates being set by resolution adopted by the Mayor and Common Council. Resolution No. 96-188 currently sets all business registration and permit fees. However, the fees for Dine and Dance/Live Entertainment are not referenced in the current resolution. Before Municipal Code Sections 5.14.080 A and B were adopted, registration fees for Dine and Dance/Live Entertainment were set by Municipal Code Sections 5.12.070 A and B. We request the following amendment to the current fee resolution to incorporate the prior fees. There is no change to the fees; this is only to clean up the current fee resolution. Pursuant to San Bernardino Fee Municipal Code Section 5.14.080 .A. Registration fee for Dine and $200 per year or one half of one-tenth of one Dance/Live Entertainment percent (.0005) on all dollar value of annual gross receipts, whichever is greater, and shall be paid in full at time of relristration 5.14.080.R Registration fee for Dine and $40 for each night. Dance/Live Entertainment We have attached a copy of Municipal Code Section 5.12.070 (Exhibit A) that contained the fees prior to adoption of Municipal Code Chapter 5.14 and a copy of Municipal Code Section 5.14.080 (Exhibit B) that references Dine and Dance/Live Entertainment fees set by resolution. Financial Impact: None - Fees will not change Recommendation: Adopt resolution. IIII ~f ENTERTAINMENT - DANCES .". ~ under this chapter except the person. firm. corporation or association of persons to whom the same is issued and at the specific place for which it is issued. C. The licensee shall make available to any police official of the City upon demand the current names and addresses of thc licensee. all persons who are directly engaged in the management or operation of the business. all persons having a financial interest in the business, and all employees or agents. D. The licensee shall. at the licensec's expense. cause each person thereafter acquiring a financial interest in the busi- ness. and each person who becomes directly engaged in the management or operation or" the business to be finger- printed at the Police Department. (Ord. MC-294. 8-1-83; Ord. 3082 (part). 1970; Ord. 2794 (part). 1967;Ord. 763 ~ 4I(d)(C). 1920.) 5.12.070 License - Fee. A. For every person. firm, corporation. or association of persons conducting, operating. managing or carrying on a public dance. dance hall. dancing club. dine and dance club or night club as the same are defined in Section 5.12.010, the license fee shall be two hundred dollars per year or one half of one-tenth of one percent (.0005) on all dollar value of annual gross receipts. whichever is greater. and shall be paid in full between January I and January 31 of each year. B. Every person. firm. corporation. or association of persons operating. conducting, or carrying 9n a public dance where the owner, manager or operator does not operate. conduct or carryon a public dance at least one night in each month, shall pay a license fee of forty dollars for each night. At the discretion of the Chief of Police, the simplified application process provided for in Section 5.12.120A may be utilized by such persons, firms. corporations or associations. (Ord. MC-312. 10-24-83: Ord. MC-294. 8-1-83; Ord. 3082 (part) 1970; Ord. 2794 (part), 1967;Ord. 763 ~ 41 (d)(D),1920.) 5.12.080 License - Denial. If the Chief of Police finds. any of the facts prohibiting issuance of a license as set forth in Section 5.12.040 eXist. the Chief of Police shall decline to approve the applica~ion. (Ord. MC.294, 8-1-83: Ord. 3082 (part), 1970; Ord. 2794 (part), 1967:0rd. 763 ~ 41 (d)(E). 1920.) 235 (San Bernardino ).84) . I 1/ E"'1I8/7' (II . IIII " to be covered. 5,14.070 License-Nontransferable-Posting No entertainment establishment license shall be sold, transferred, or assigned by any license holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer. or assignment shall be deemed to constitute a voluntary surrender of such license, and such license shall be thereafter null and void. A license held by an individual in the name of a corporation or partnership is subject to the same rules of transferability as contained above. License shall be valid only for the exact location specified in the permit. Each license shall be posted in a conspicuous place in or upon the premises for which it is issue, and shall be shown to any City Official upon demand. 5.14.080 License-Fee. A. For every person, firm, corporation or association of persons conducting, operating, managing or carrying on a public dance, dance hall, dancing club, dine and dance club or night club as the same are defined in Section 5.14.010, the license fee shall be at the rate set by resolution adopted by the Mayor and Common Council. B. Every person, firm, corporation or association of persons operating, conducting, or carrying on a public dance where the owner, manager or operator does not operate, conduct or carry on a public dance at least one night in each month, shall pay a license fee at the rate set by resolutiQn adopted by the Mayor and Common Council. ~:-:....~-~ ,.,""'.:), ~~"'"'-::'RI .-:';.~f 5.14.090 License-Duration. Licenses issued pursuant to this Chapter shall be valid for a period of one year or until revoked or abandoned. 5.14.100 Exemptions from filing. processing and license fees A. . A bona fide church, nonprofit organization or charitable organization recognized as such urider state law, bona fide lodge, fraternal organization or fraternal society which carries on such dances solely for the amusement or ~ntertainment of its bona fide members, or for the purpose of securing funds for such organization fClr its own operating r.1eeds 9r for charitable purposes, shall be exempt from payment of filing, processing and license fees. 5.14.110 Suspension/Revocation of license The City Clerk shall suspend or revoke a permit issued under the provisions of this chapter for any of the following reasons: A. The licensee has ceased to meet the requirements fQr issuance of license; B. The applicant gave materially false, fraudulent or misleading information on the application; [Rev. September 25,2001] 5-51 EXlf161T "8/1 II1I " . ' Memorandum Date: Copies: Re: Members of the Ways and Means Committee Lee Gagnon, Business Registration Supervisor Aprilll, 2002 Rachel G, Clark, City Clerk Dine & Dance/Live Entertainment Fee Survey [,1 .\:::,~ To: From: On April I 0, 2002 we conducted a survey of other cities to determine what fees they charged with respect to Dine and Dance/Live Entertainment businesses, Attached are the results of that survey, Currently the City of San Bernardino has 40 businesses registered under the Dance and Dance/Live Entertainment category, Of these 36 are registered as Dine and Dance and 4 are registered as Live Entertainment. AI1 businesses that have been registered under the Dine and Dance/Live Entertainment category were required to pay an investigation fee of $200,00 prior to paying their business registration fee, If a business is registered as a Dine and Dance establishment their registration fee is computed as $60,00 for the first $25,000,00 and ,0005 on al1 dol1ar volume in excess of $25,000,00, Using this formula a business with gross receipts of $305,000,00 would pay a business registration fee of $200,00 per year in the City of San Bernardino, If a business is registered as Live Entertainment the business registration fee would be $200.00 for the first $400,000,00 of gross receipts and ,0005 on al1 dol1ar volume in excess of $400,000,00, Using this formula a business with gross receipts of $500,000,00 would pay a business registration fee of$250,00, [' 'In I " -. DINE & DANCE/LIVE ENTERTAINMENT FEES Survey Conducted 4-11-02 City Fee Colton They do not have any places that meet our dine & dance category. However they do charge the individual dancers at the Fantasy Club a $90.00 per , person fee. Corona 0- $30,000 $55 plus $26 application fee. Fee increases on a sliding scale as receipts go up with the $26 application fee to $2,000,000, which is $440, plus the application fee. In excess of$2,OOO,OOO, the fee is $440 plus 2% of the gross in excess of the 2,000,000 plus the application fee. Costa Mesa Food portion fee goes from zero to a maximum of $200. The $200 is reached at a gross of $500,000. The dancing/ entertainment portion of the business would have to have Public Entertainment Permit which is $270. Special events have a $100 fee. Fontana Food Service $50 up to $50,000, 25 cents a thousand for any amount above the $50,000. There is a $35 application fee for new accounts & a $15 fee for all renewals. Entertainment providers in establishments must have a business license. The fee is $100 for the 18t $50,000 and $1.00 for each additional thousand. There is a $25 per dav special event fee. Ontario $50 plus 20 cents for each additional $1000. No fee for entertainment but would reouire zonin" approval. Pomona Food portion is $83.25 for the 18t $10,000. Each addition $1,000 of income is 75 cents more to the fee. Dancing is charged on a quarter basis of $53 for the 18t night and $28.50 for each additional night. LE dancing Thurs, Fri & Sat nights would generate a fee of $llO/qtr total of $4401yr. Live entertainment requires a special event permit $790 plus $200 deposit. This 11'11 '. . Pomona (continued) fee is the result of Rave parties being held in the downtown area. Rancho Cucamonga Need to have 3 licenses. The one for food is based on a sliding scale depending on the gross receipts. They have a flat rate cocktail license for the bar, which is $100. They also have to have a dance permit which is an additional $100. Redlands No special fee for dancing/live entertainment. Would be charged $12 for the 1.' $5000 gross and $3 for every $5000 or major portion of $5000. No can on amount Rialto Based on gross receipts, sliding scale 0-25,000 $79, 25,001-50,000 $92, 50001 to 75000, $104, 75001-to 100,000 $117, There is an additional fee of $50 for each additional $100, 000 of gross. There is no additional fee for entertainment. Riverside Food portion is based on gross. $0- $25000 is $86.50. From $25,000 - $500,000 there is an additional fee of 58 cents/thousand. Anything in excess of $500,000 is charged at a rate of 11 cents/thousand. If the entertainment or DJ is not paid by the business, they are required to have license at the cost of $99.50/ yr. If paid by the business, no license is required, but the business must have all the necessary clearances from Planning and Code Enforcement. . . . 11'1 L ~(g ;='V' 1 2 3 4 5 6 7 8 9 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING SOLUTION NO. 96-188 BY ADDING DINE AND DANCEIENTERTAINMENT GISTRATION FEES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY F SAN BERNARDINO AS FOLLOWS: SECTION I. Resolution No. 96-188 is hereby amended by adding the following anguage: "Section 2. 5.14.080. A. Registration fee for Dine and DancelLive Entertainment - 10 200 per year or one half of one-tenth of one percent (.0005) on all dollar value of annual gross 11 12 13 14 III 15 16 17 III 18 III 19 III 20 III 21 III eceipts, whichever is greater, and shall be paid in full at time of registration. 5.14.080.8. Registration fee for Dine and DancelLive Entertainment - $40 or each night." III 22 III 23 III 24 25 III 26 III . ~/- , 27 III VU /J- 28 III 7 / (/~' /)~- I I " . ( . ~ / r' , . 11'1 . 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 2 NO. 96-188 BY ADDING DINE AND DANCE/ENTERTAINMENT REGISTRATION FEES. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and the day of 7 Council Members: 8 9 ESTRADA 10 LIEN 11 McGINNIS 12 DERRY 13 SUAREZ . 14 ANDERSON 15 5 Common Council of the City of San Bernardino at a 6 meeting thereof, held on 2002, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT 16 McCAMMACK 17 18 19 20 21 Rachel Clark, City Clerk The foregoing resolution IS hereby approved this day of ,2002. 22 23 Judith Valles, Mayor City of San Bernardino Approved as to form 24 and legal content: 25 ames F. Penman 26 City Attorney . 27 ['I \: y: 'Jt7,~ 281 /) '1 ' i ~ ,'" "- ,) L:..-r'l. \~'-""......, 2 . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ')-1 S -0 ;;l Item # I d- Resolution # Vote: Ayes 1-'1 Nays.()- Abstain-e-- Change to motion to amend original documents: ~ dOGd- - d3..<; Absent -G- Reso. # On Attachments: -==-- Contract term: - Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: '1-l (." -0 ~ Date of Mayor's Signature: 'l-Il-Ci';;> Date of Clerk/CDC Signature: 1/-\ 1-0:7 Date emo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 3 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See ched: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney / Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: NullNoid After: By: - Reso. Log Updated: V Seal Impressed: ,/ Date Returned: - Yes ~ No By Yes No V By Yes No ---L- By Yes No -7- By Yes No_ EDA Finance / MIS Others: CI1 C[.tdy- BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: fry( Date: fI- (5f .() 7 Revised 01112/0 I