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CI'e OF SAN' BERNARDIa> - REQU~T FOR COUNCIL ACOON
From: Ralph H. Pr.ince
Subject: Ordinance Re Outdoor Sales
and Displays
Dept:, Ci ty Attorney
Date: July 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
tilnes per year, for no longer than nine days, with at least seven calendar days
between reissuance and termination.
Legislative Review Committee recommended that the amendment to out-door display of
merchandise be approved.
Council referred item back to Legislative Review Committee.
Legislative Review Committee reCCl1lllended approval with changes.
Council referred item back to Legislative Review Committee.
Legislative Review Camnittee recarrnended approval with changes.
3/20/86
4/21/86
6/19/86
7/7/86
7/10/86
Recommen<:led motion:
Waive further first reading of ordinance and layover for final
adoption.
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/ ~.e___<
Signature
Contact person:_~ Cynthia Grace Phone: 5056
Supporting data attached:_ Yes Ward: N/A
FUNDING REQUIREMENTS: Amount: N/A Source: N/A
Finance:
Council Notes:
75-0262
Agenda Item No~ .;C:,
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1
ORDINANCE 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 REQUIRE A PERMIT FOR AND DEFINITION OF PARKING LOT SALES AND
SIDEWALK SALES, AND TO PERMIT PARKING LOT SALES AND SIDEWALK
4 SALES IN C-l DISTRICTS SUBJECT TO A PERMIT.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
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 permits 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.
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1 5.22.040 Limited outdoor displays permitted.
2 Limited outdoor displays of merchandise may be permitted
3 without a permit pursuant to Section 5.22.010, as long as the
4 following criteria are met:
5 A. No merchandise shall be displayed in public rights-of-
6 way.
7 B. No merchandise shall be displayed in areas required to
8 meet the parking specifications set forth in Chapter 19.56.
9 C. No merchandise shail be displayed in areas required to
10 meet the landscaping standards set forth in Section 19.56.120.
11 D. No merchandise shall be displayed in such a way that it
12 creates a public safety hazard.
13 E. No merchandise shall be displayed more than ten feet
14 from the main public entrance.
15 SECTION 2. Section 19.04.457 is added to the San Bernardino
16 Municipal Code to read:
17 "19.04.457 Parking lot sale.
18 'Parking lot sale' means a promotional sales event conducted
19 by one or more businesses, which is held outside the confines of
20 the commercial or manufacturing building or buildings in which
21 such business is normally conducted. and which sale involves the
22 outdoor display, within a paved area on the same lot as the
23 building, of merchandise which is normally displayed within the
24 building."
25 SECTION 3. Section 19.04.487 is added to the San Bernardino
26 Municipal Code to read:
27 "19.04.487 Sidewalk sale.
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1 'Sidewalk sale' means a promotional sales event conducted by
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 SECTION 4. Section 19.24.020 Subsection A of the San
9 Bernardino Municipal Code is amended to read:
10 "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 1. Bakery employing not more than five persons:
15 2. Book store:
16 3. Confectionery store:
17 4. Drugstore:
18 5. Drygoods or notions store:
19 6. Florist or gift shop:
20 7. Grocery, fruit. or vegetable store:
21 8. Hardware or electrical appliance store:
22 9. Jewelry store:
23 10. Meat market or delicatessen store:
24 11. Packaged ice station:
25 12. Photographic, supplies store:
26 13. Stationery store."
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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
4 sidewalk sales conducted under the provisions of Chapter 5.22."
5 SECTION 6. Section 19.24.020 Subsection F is added to the
6 San Bernardino Municipal Code to read:
7 "F. Other. Such other uses as the Commission determines to
8 be similar."
9 I HEREBY CERTIFY that the foregoing ordinance was duly
10 adopted by the Mayor and COmmon Council of the City of San
11 Bernardino at a meeting thereof, held on
12 the day of . 1986, by the
13 following vote, to wit:
14 AYES:
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22 of
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Approved as to form:
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NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
, 1986.
day
Mayor of the City of San Bernardino
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