HomeMy WebLinkAboutMC-1308U
Adopted: June 15. 2009
Effective: June 15. 2009
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ORDINANCE NO. MC-1308
2 URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 8.60.095 REGARDING REGULATORY
3 FEES FOR THE SALE OF FIREWORKS.
4 RECITALS:
5 WHEREAS, the Mayor and Common Council find that the health and safety of the City are
benefitted by the activity of non-profits who operate fireworks stands in the City as a means to raise
6 funds for their organizations; and
7 WHEREAS, the Mayor and Common Council find that it is necessary to impose a regulatory
fee on the sale of fireworks to cover the costs of personnel required to enforce the law regarding
8 fireworks in the City to protect the health and safety of the residents of the City of San Bernardino;
and
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WHEREAS, the Mayor and Common Council find that they require a reasonable expectation
10 of receipt of revenues sufficient to support the fielding of appropriate Police and Fire personnel during
the fire works season to ensure proper enforcement of the law regarding fireworks in the City; and
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WHEREAS, the Mayor and Common Council find that it is necessary to assess the regulatory
12 fee in such manner as to mitigate the impact of the current economic crisis on funds received by non-
profit organizations from their fireworks sales which funds support the work they perform in the City
13 of San Bernardino towards preserving the public health and safety; and
14 WHEREAS, the Mayor and Common Council find that the fireworks season will begin in July
2009 and there is a need to commence the mitigation of the impact of the regulatory fee on non-profit
IS operators of fire works stands during the 2009 fireworks season; and
16 WHEREAS, the Mayor and Common Council find that the adoption of this ordinance is an
urgency measure for the immediate preservation of the public peace, health, and safety.
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NOW THEREFORE, the Mayor and Common Council of the City of San Bernardino do
18 Ordain as Follows:
19 Section 1. The Recitals set forth above are hereby deemed to be true.
20 Section 2. San Bernardino Municipal Code Section 8.60.095 is amended to read as follows:
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8.60.095
Regulatory Fee for Licensee and Fireworks Supplier.
A.
The City shall assess a regulatory fee based on the gross sales of fireworks on
all fireworks sales that occur within the City of San Bernardino. One half of
the regulatory fee shall be paid by the licensee and the remaining one half shall
be paid by the fireworks supplier. The purpose of the regulatory fee is to raise
sufficient funds for the City to pay for fireworks public education and an
awareness campaign about fireworks, and for enforcing the provisions of this
Chapter, including extra personnel time for fire inspection and enforcement
duties.
B.
Prior to imposing the fee, the City shall prepare a study of the anticipated cost for
fireworks education, awareness and enforcement. After preparing the study, the Mayor
and Common Council shall adopt a Resolution setting the regulatory fee rate no later
than the last meeting prior to the first day of fireworks sales pursuant to Section
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MC-130B
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URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 8.60.095 REGARDING REGULATORY
FEES FOR THE SALE OF FIREWORKS.
8.60.070(P). The regulatory fee rate shall not exceed ten (10) percent of the total gross
sales of the fireworks sold in the City by licensees during the period set forth in
Section 8.60.070(P).
C.
The Finance Department, each year, shall determine the amount of the regulatory fee
based on the licensee's fireworks sales financial statements. Each licensee shall
provide its fireworks sales financial statement and their fireworks supplier's
information to the City no later than August 31st for the period set forth in section
8.60.070(P). After the Finance Department receives the financial statements, the
Finance Department shall invoice each licensee and each fireworks supplier for their
share ofthe total annual regulatory fee. Payment of the regulatory fee by each licensee
and each fireworks supplier shall be due to the City thirty (30) days following the
issuance of the invoice.
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Failure by any licensee or fireworks supplier to pay the amount invoiced by the City's
Finance Department shall be cause to disqualifY the licensee from obtaining a license
to sell fireworks and/or disqualifY the fireworks supplier from providing their products
for sale in the City in the future. In the event that the regulatory fee is not paid by the
due date, it shall be subject to a ten (10) percent penalty for each month or portion of
a month that it is overdue. If not paid by the due date, the amount becomes a debt
owed to the City subject to collection by any legal means available.
Any person who violates or causes violation of any provision of this Section shall be
deemed guilty of an infraction or a misdemeanor, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010 of this Code.
Section 3. This urgency ordinance shall take effect upon adoption and is adopted pursuant
to San Bernardino City Charter Section 31 and 121, by a two-thirds (2/3) vote of the Council, for the
immediate preservation of the public peace, health, or safety. The Mayor and Common Council find
that all of the above-stated recitals are true and hereby incorporate them herein as the statement of
urgency supporting this ordinance.
D.
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MC-130B
I URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
2 BERNARDINO MUNICIPAL CODE SECTION 8.60.095 REGARDING REGULATORY
FEES FOR THE SALE OF FIREWORKS.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a reg. meeting thereof, held on thelllh... day
6 of June ,2009, by the following vote, to wit:
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 ESTRADA X
-
9 BAXTER
-X-
10 BRINKER
-X-
11 SHORETT
.-.JL.....
12 KELLEY
X
13 JOHNSON X
14 MC CAMMACK
X
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~ J.J.~
i~ lerk
1'"..;..-
The foregoing Ordinance is hereby approved this 1b day of June , 2009.
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Approved as to form:
CK J. M S
f San Bernardino
yor
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JAMES F. PENMAN
22 City ttorney
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