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HomeMy WebLinkAbout26-City Clerk 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.44 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING DENIAL OF AN 3 APPLICATION FOR PERMIT FOR GAMES OF AMUSEMENT. 8 9 "5.44.040 Investigation. The City Clerk shall refer a copy of the application to the 10 Chief of Police who shall carefully investigate the applicant and 11 the facts and circumstances concerning the application submitted 12 to him pursuant to Section 5.44.030." 13 SECTION 2. Section 5.44.050 of the San Bernardino 14 Municipal Code is amended to read as follows: 15 16 "5.44.050 Issuance of permits. A. The Chief of Police shall either approve or deny the 17 issuance by the City Clerk of the permit to the applicant within 18 forty-five days of the date that the copy of the application is 19 submitted to him. The Chief of Police may deny a permit on any 20 of the following grounds: 21 1. The operation will not comport with the peace, health, 22 safety, convenience and general welfare of the public; 23 2. The application is not complete in that all requested 24 information is not supplied; 25 26 3. The operation has been or is a public nuisance; 4. The operation would be in violation of a City 27 ordinance, state law or federal law; 28 12/16/86 ~, . 1 5. The applicant has a bad moral character; 2 6. The applicant made a false, misleading or fraudulent 3 statement of fact in his application for a permit; 4 7. The operation by the applicant will be carried on in a 5 building, structure and location which does not comply with and 6 meet all of the health, zoning, fire and safety requirements and 7 standards of the laws of the state and ordinances of the City; 8 8. The applicant, his employee, agent, or any person 9 connected or associated with the applicant as a partner, 10 director, officer, stockholder, associate, or manager has allowed 11 or permitted acts of sexual misconduct or lewd conduct to be 12 committed within prior or present business operations; 13 9. The applicant has within the year prior to the 14 application date wilfully violated any provisions of this chapter 15 or of the City licensing provisions in Title 5. 16 B. The Police Chief shall notify the applicant of the 17 denial of his application for a permit and the reasons therefor. 18 Service of such notice shall be made personally or by certified 19 mail. The notice shall include or be accompanied by a statement 20 that the applicant may request a hearing before the Mayor and 21 Common Council by filing with the City Clerk a written request 22 thereof within ten days after service upon him of the notice of 23 the denial of his application and that failure to do so will 24 constitute a waiver of his right to a hearing." 25 SECTION 3. Section 5.44.060 of the San Bernardino 26 Municipal Code is amended to read as follows: 27 28 "5.44.060 Hearing upon denial of ~ermit. 2 12/16/86 1 Within ten days after service upon him of a written notice 2 of the Police Chief's denial of his application for a permit, the 3 applicant may file a request for hearing in writing and signed by 4 or on behalf of the applicant and shall state his mailing 5 address. It need not be verified or follow any particular form. 6 Failure to file such a request for a hearing shall constitute a 7 waiver of the applicant's right to a hearing. No further notice 8 other than notice of the date and place of hearing need be served 9 on the applicant. Hearings granted under this section shall 10 allow for the applicant to be represented by counsel. The 11 decision of the Mayor and Common Council shall be final." 12 I HEREBY CERTIFY that the foregoing ordinance was duly 13 adopted by the Mayor and Common Council of the City of San 14 Bernardino at a meeting thereof, held on 15 the day of , 1987, by the 16 following vote, to wit: 17 18 19 20 21 22 23 24 25 of 26 27 28 AYES: NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this , 1987. day Mayor of the City of San Bernardino 12/16/86 3 1 Approved as to form: 2 3 4 City Attorney 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,,,,J,rJ,.,,,- 4