Loading...
HomeMy WebLinkAbout22-City Attorney o o o CITY OF SAN BERNARDINO- REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney Subject: AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE. CITY OF' SAN BERNARDINO AMENDING SECTION 5.82.020 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE VIOLATION OF ANY CONDITION OF AN OPERATOR'S PERMIT. Dept: CITY ATTORNEY Date: April 28, 2009 Mice Meeting Date: May 4, 2009 Synopsis oCPrevious Council Action: Ord. MC-809, 10-7-91: Ord. MC-692, 12-18-89; Ord. MC-502, 3-3- 86. Legislative Review Committee recommended approval of Ordinance by full the Council, April 21 , 2009. Recommended motion: That said Ordinance be laid over for final adoption. Contact person: James F. Penman 5355 J,~ Phone: Supporting data attached: Staff Reoort Ward: All FUNDING REQUIREMENTS: Amount: 0 Source: N/A Finance: Council Notes: Agenda Item No. 22. '5'-4 .~ o o o STAFF REPORT Council Meeting Date: Mav 4. 2009 TO: Mayor and Common Council FROM: City Attorney's Office DATE: April 23, 2009 AGENDA: AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.82.020 OFTHE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE VIOLATION OF ANY CONDITION OF AN OPERATOR'S PERMIT. Background: Chapter 5.82 of the San Bernardino Municipal Code requires certain businesses to obtain an operator's permit from the City Clerk. As part of the process for obtaining an operator's permit, Section 5.82.070 allows the ChiefofPoIice to impose conditions of approval to the permit to ensure compliance with the provisions of Chapter 5.82 or to protect the health, safety and welfare of the public. Section 5.82.020 makes it unlawful for those certain businesses to operate without a valid permit. However, Section 5.82.020 does not clearly make it unlawful to violate the conditions imposed by the Chief of Police. The following amendment is recommended: I. Amend Section 5.82.020 to also make it unlawful to commence, manage, or conduct certain businesses without complying with any and all conditions of an operator's permit as imposed pursuant to Section 5.82.070. Recommendation: An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Section 5.82.020 of the San Bernardino Municipal Code relating to the violation of any condition of an operator's permit. Motion: That said Ordinance be laid over for final adoption. o o o TO: FROM: DATE: RE: CITY OF SAN BERNARDINO OFFICE OF THE CITY ATTORNEY INTER-OFFICE MEMORANDUM Mayor and Common Council . James F. Penman, City Attorney j:rl' 28 April 2009 Changes made to draft presented to Legislative Review Committee of AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.82.020 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE VIOLATION OF ANY CONDITION OF AN OPERATOR'S PERMIT. On April 21, 2009, the Legislative Review Committee heard the above-referenced item. At that time, the only amendment being made to Section 5.82.020 was the addition of the language "or without complying with any and all conditions of such a permit as imposed pursuant to Section 5.82.070 of this Chapter." This language was added in order to clearly make it unlawful to violate any term of an Operator's Permit, as imposed by the Chief of Police pursuant to 5.82.070. The Committee referred the item to the Mayor and Common Council for approval. Subsequently, upon review by Senior Assistant City Attorney John Wilson, it was determined that the Ordinance as currently written is very difficult to read. Therefore, the Ordinance has been reorganized, not rewritten, with almost the exact same language as what went before the Legislative Review Committee on April 2 I, 2009. However, what was once two long sentences has been broken up into four subsections, making the Ordinance much easier to read and understand. The only new language added was to subsection D(6), where "convenience stores and liquor stores" were added to the list. 1 0 2 3 4 5 6 7 o o 8 9 A. 10 11 12 B. 13 14 15 C. 16 17 D. 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.82.020 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE VIOLATION OF ANY CONDITION OF AN OPERATOR'S PERMIT. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. San Bernardino Municipal Code Section 5.82.020 is hereby amended to read as follows: "5.82.020 Permit- Required. It shall be unlawful for any person to commence, manage, or conduct any type of business enumerated herein, without a valid and unsuspended Operator's Permit issued hereunder and to not at all times commence, manage, or conduct such business in compliance with all regulations of such business imposed under or by this Chapter, including all conditions imposed by the Chief of Police by or under Section 5.28.070. The commencement, management, or conducting of any business regulated by this Chapter without an Operator's Permit as hereby required or in a manner that is not in compliance with all regulations imposed under or by this Chapter, including all conditions imposed by the Chief of Police by or under Section 5.28.070, shall constitute a separate violation of this Chapter for each and every day that such business is so commenced, managed, or conducted. For the purposes of this Chapter, "Person" shall include, but is not limited to, any individual who commences, manages, or conducts a business regulated by this Chapter, whether as principal or agent, clerk or employee, acting personally or for any other person, or for any corporate entity, or as an officer of any company, partnership or corporation, or otherwise. This Chapter shall apply to any person commencing, managing, or conducting any of the following businesses: I. Hotel; 2. Motel; 3. Single room occupancy facility; 4. Drive-through dairy; 5. Selling of food or non-alcoholic refreshments; or 6. Any business incidental or auxiliary to the operation of an on- or off-sale premises licensed by the State Alcoholic Beverage Control, including but not limited to restaurants, bars, cafes, convenience stores, liquor stores, and the like." o 1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.82.020 OF THE SAN BERNARDINO 2 MUNICIPAL CODE RELATING TO THE VIOLATION OF ANY CONDITION OF AN OPERATOR'S PERMIT. 3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 4 Common Council of the City of San B~mardino at a meeting thereof, held on the 5 day of ,2009, by the following vote, to wit: 6 7 Council Members: 8 ESTRADA 9 BAXTER 10 BRINKER 11 SHORETT 12 KELLEY 13 JOHNSON 0 14 MC CAMMACK 15 16 17 AYES NAYS ABSTAIN ABSENT Rachel Clark, City Clerk 18 The foregoing resolution is hereby approved this day of ,2009. 19 20 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 .~ 25 0 26 27 28 Patrick J. Morris, Mayor City of San Bernardino