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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
From: Rachel Clark, City Clerk
Subject: Ordinance of the Mayor and
Common Council of the City of San
Bernardino, California, amending
Section 5.04.500 of the San Bernardino
Municipal Code to require registrations
for individual vendors at swap meets
Dept: City Clerk
Date: February 13, 2001
Council Meeting: 3/5/01
Synopsis of Previous Council Action:
1/23/67
2/8/01
Ordinance No. 2795 was adopted to provide for licensing of swap meets.
LRC recommended that a proposed ordinance relative to swap meets be
referred to the full Council.
Recommended Motion:
That said ordinance be laid over for final adoption.
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Signature
Contact person: I~,::. n~onnn. Rllc::intl~~ ~,:!lgi~tr~::dionPhone: J:ytt:'n~inn "n~F\
Supervisor
Supporting data attached: Staff report & ordimmr.e Ward: All
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(A,..,..t n,::u::~rirtinn)
Finance:
Council Notes: p~ ~/s/O( -fP /h
Agenda Item No.
flo.1
~!t1lDJ
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and Members ofthe Common Council
Rachel G. Clark, City Clerk
February 13, 2001
Ordinance of the Mayor and Common Council of the City of San
Bernardino, California, amending section 5.04.500 ofthe San Bernardino
Municipal Code to require registrations for individual vendors at swap
meets.
BACKGROUND INFORMATION:
The Legislative Review Committee met on several occasions to discuss the current
language in the Municipal Code in relation to swap meets. Municipal Code Section
5.04.500 requires that a swap meet operator pay a registration fee of$500.00 per year.
Individual vendors operating at swap meets currently do not pay a registration fee when
an admission fee is charged to enter the swap meet. On Thursday, February 8, 2001 the
Legislative Review Committee recommended that a proposed ordinance amending
Municipal Code Section 5.04.500 be referred to the full Council. The amendment would
require each vendor operating at a swap meet to obtain a business registration, including
the operator. These registrations would be good for one year and would permit the
vendor to operate at any approved location in the City of San Bernardino. The effect of
the amendment would be to level the playing field and require these vendors to register
individually as any other business enterprise.
FINANCIAL IMPACT:
There would be no financial impact because vendors now operating in swap meet type
environments are registered individually. Vendors are registered individually because
there is no admission fee charged which is a prerequisite to being considered a swap
meet.
RECOMMENDATION:
That said ordinance be laid over for final adoption.
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ORDINANCE No.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 5.04.500 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO SWAP MEETS
THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Section 5.04.500 of the San Bernardino Municipal
Code is hereby amended in its entirety to now read as folIows:
5.04.500 Swap meet.
A. For every person, firm or corporation operating,
conducting andlor managing a swap meet in the City, the
fee is established by resolution of the Mayor and Common
Council pursuant to Section 5.04.525F of this Code.
B.
For every dealer or individual selIing or offering for sale
goods, wares, merchandise, or things or articles of value
at a swap meet in the City, the fee is established by
resolution of the Mayor and Common Council pursuant to
Section 5.04.525B of this Code.
C.
For every dealer or individual selIing or offering for sale
food for human or animal consumption at a swap meet in
the City, the fee is established by resolution of the Mayor
and Common Council pursuant to Section 5.04.525C of
this Code.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 5.04.500 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO SWAP MEETS
i
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D. "Swap meet" as used in this Article means any business
wherein any person, firm, or corporation or agent thereof
rents spaces to various dealers or individuals for selling or
offering for sale goods, wares, merchandise, or things or
articles of value, or food for human or anima1
consumption, whether or not an admission fee is charged
I
to enter the area when such items are sold or being
offered for sale.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTION 5.04.500 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO SWAP MEETS
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 200 1, by the following vote, to wit:
COUNCIL MEMBERS A YES NAYS ABSENT ABSTAIN
ESTRADA
LIEN
McGINNIS
SCHNETZ
SUAREZ
ANDERSON
McCAMMACK
Rachel Clark, City Clerk
The foregoing ordinance is approved this
day of
, 200 1.
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY:~~~.
V
3
OFFICE OF THE CITY CLERK
R'CIlEL G. CLARK, C.M.C.. CITY CURK
,M
P.O. Box 1318' San Bernardino 'CA92402
300 North '"[Y' Street. San Bernardino' CA92418-0001
909.384.5002. Fax: 909.384.5158
Rusiness Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.cLsan-bernardino.ca.us
March 28,2001
Los Angeles County Law Library
30 I West First Street
Los Angeles, CA 90012-3100
Re: City of San Bernardino Municipal Code Update
Gentlemen:
Enclosed please find copies of executed Ordinance Nos. MC-I094 and MC-I095,
which were adopted by the Mayor and Common Council on March 19,2001.
Should you have any questions, please do not hesitate to contact Deputy City Clerk
Linda Hartzel at 384-5002.
Sincerely,
Rachel G. Clark, CMC
City Clerk
By:
,::~k C: ;k4J
Linda E. Hartzel
Deputy City Clerk
Enclosures
CITY OF SAN BERNARDL'fO
ADOPTED SHARED VALVES: Integrity' Accountability' Respect ror Human Dignity' Honesty
OFFICE OF THE CITY CLERK
R.\CHEI. G. CLARK, C.M.C.. CITY CLERK
'"
P.O. Box 1318 - San Bernardino - CA92402
300 North "D" Street- San Bernardino - CA 92418-0001
909.384.5002 - Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.cLsan-bernardino.ca.us
March 28,2001
Ms. Carolyn Poston, Director
San B~rnardino County Law Library
402 North D Street
San Bernardino, CA 92401
Re: City of San Bernardino Municipal Code Update
Dear Ms. Poston:
Enclosed please find two copies each of executed Ordinance Nos. MC-l094 and MC-
1095, which were adopted by the Mayor and Common Council on March 19, 2001.
Should you have any questions, please do not hesitate to contact Deputy City Clerk
Linda Hartzel at 384-5002.
Sincerely,
Rachel G. Clark, CMC
City Clerk
By:
1
i:,>,:~; ~ .;./;:i;f
Linda E. Hartzel
Deputy City Clerk
1h
Enclosure( s)
CIIT m' SAN BERNARDINO
ADOPTED SHAIlli'D VALUES: Integrity - AccOlmtability - Respect for Human Dignity - Honesty
. ~1C A
~.. ., * * FOR OFFICE USE ONLY - NOY,A PUBLIC DOCUMENT*.. ,.C'.
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. CITY OF SAN BERNARDINO ;"CITY CLERK'S OFFICE - -~,,~~'...,-;;-.;.-_.,~.. . . .
RECORDS & INFORMATION MANAGEMENT PROGRAM
Meeting Date/Date Adopted: 3./7 -0 I Item No.
Resolution/Ordinance No. /U {' - I {} C; (/ Ordinance Urgency: Yes
Effective Date: '1- /9 - r? /, . . Termination/Sunset Date:
Vote: Ayes~4-,L, /h~ Nays: ~
Abstain: AJ""" ~~/~~bsent: . &~
Date Sent to Mayor: 3 _:;J.O -0 ( Date Returned from Mayor:
1(9
/l. J /)
,
Date of Mayor's Signature:
Date Summary Sent to Attorney: :5 -:LO - 0 I
Date Published:
Meeting Type: r"-4- iR~~
Continued From/To & Item No.
Date of Clerk's Signature:
Date Summary Returned from Attorney:
Date Seal Impressed:
Date Sent for Signature:
Expiration Date:
Copies Distributed To:
To Whom:
./
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder letter Sent:
Reminder letter Sent:
Reminder letter Sent:
Request for Council Action & Staff Report Attac ed:
3
Notes:
No
Ready to File:
Date:
CKX:\JMfNT lOCATlON:
FOIIMiIAIMda .... T..sinI Fomt .cc Fomt No. 11,. Last UIldUId: 12JD411t96