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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Rachel G. Clark, City Clerk
Subject:
Appeal hearing regarding the denial of
the fireworks stand application
submitted by San Gorgonio High School
Tennis.
Meeting Date: May 18, 2009
Dept: City Clerk
Date: May 12, 2009
Synopsis of Previous Council Action:
5/2/05 - Ordinance MC-1195 was adopted. Ordinance amending Chapter 8.60 of the
San Bernardino Municipal Code relating to regulatory fees for fireworks.
2/18/03 - Ordinance MC-1138 was adopted. Ordinance amending Chapter 8.60 of the
San Bernardino Municipal Code relating to fireworks.
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council uphold the
decision of the City Clerk to deny the application submitted by San Gorgonio High
School Tennis for the operation of a fireworks stand for 2009.
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Signature
Contact person: r.inrly RIIl>"ht..r
phnn,,'~?nn
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Accl. No.)
(Ard n"""rirtinn)
Finance:
Council Notes:
Agenda Item No. ~6
6-tPJ..Oq
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Date:
To:
From:
Subject;
May 12,2009
Honorable Mayor and Members of the City Council
Rachel G. Clark, City Clerk
Appeal hearing regarding the denial of the fireworks stand application
submitted by San Gorgonio High School Tennis.
Background:
Ordinance MC-1l38 sets forth the regulations for the sale of fireworks. Section
8.60.050(c) states that the maximum number of licenses issued during a calendar year
shall be 35. That section also sets forth the prerequisites for the issuance of a fireworks
license.
8.60.050(A) states, "No license shall be issued to any applicant except a nonprofit
organization, group, association, etc. organized and operating within the City limits of
San Bernardino..." In addition, Section 8.60.030(D) states that all applications for a
license to sell fireworks shall, "Include a copy of the applicant's 50l(c) (3)...verification
of nonprofit status, or demonstrate that it is a non-profit organization, group, association,
etc., which is organized primarily for veteran, patriotic, welfare, civic or social
betterment (including public or private school clubs, groups, organizations or such other
public or private school affiliates), or charitable purposes."
There are 27 organizations returning from 2008 leaving 8 stand openings for new
organizations. There are 9 new applications that have met the prerequisites and have
been approved for the drawing for the 8 vacancies.
March 31, 2009
An application (Exhibit A) was submitted and received in the City Clerk's Office under
the organization name of "San Gorgonio HS Tennis". The signature ofthe authorized
representative was, Patrick Kahler, Head Tennis Coach. The application was not
accompanied by the group's 501 (c) 3 or other proof of non-profit status.
April 15, 2009
A letter (Exhibit B) was sent to Patrick Kahler, representative for San Gorgonio High
School Tennis, indicating that their group did not meet the criteria specified in Chapter
8.60, specifically the proof of non-profit status. This letter also gave instructions to
appeal this decision if non-profit status could not be verified.
Staff in the Business Registration Division had several conversations with Mr. Kahler
explaining the documents that were required. Mr. Kahler indicated that the Tennis
Booster Club should fall under the school's non-profit status. Mr. Kahler provided a
copy of a letter (Exhibit C) from a CPA to the Director of Accounting Services at the
school district regarding charitable contributions. This letter states that San Bernardino
Unified School District is a public educational institution and that charitable
contributions can be deductible on the contributor's income tax return pursuant to
Internal Revenue Code Section 170 (c) (I).
It was explained to Mr. Kahler that the fireworks application was submitted in the name
of San Gorgonio HS Tennis and not the school itself. We also informed Mr. Kahler that
another booster club at San Gorgonio (Baseball Boosters) had formed its own non-profit
and has been selling fireworks for numerous years based on their individual 501 (c) 3
status.
April 30. 2009
An appeal (Exhibit D) was received in the City Clerk's Office on behalf of San Gorgonio
High School Tennis. The appeal is requesting that their group be allowed to re-apply as
San Gorgonio High School. The appeal further states that the district (San Bernardino
Unified) does not have a SOl (c) 3 filed, but that it is exempt as a 170 (c) 1.
Mav 12.2009
City Clerk Rachel Clark and Business Registration Manager Cindy Buechter met with Sr.
Assistant City Attorney John Wilson to discuss whether the group met the criteria of
SBMC 8.60 under the San Bernardino Unified School District. As the application was
submitted by the San Gorgonio High School tennis coach and was not signed or approved
by the San Bernardino City Unified School District, Mr. Wilson advised that the appeal
move forward to the Council for a decision.
Financial Impact: None
Recommendation: Deny the appeal and uphold the decision of the City Clerk to deny
the application submitted by San Gorgonio High School Tennis for the operation of a
fireworks stand for 2009.
CITY OF SAN BERNARDIN(JcEIVED-ClTY CLEIW
APPLICATION FOR LICENSE TO SELL SAFE ANll~ ~lt'IiJ~
MUNICIPAL CODE 8.60 3131l dl-rz.sy---
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'CitY9lerWs omcc,.;,
300 N. "J)MSt.-,,~~1'lIl!i
SaD 'Bernardln~.CAi '.'
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Date organization fo d in City of San Bernardino:
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Location of Fireworks Stand:
Nee.- H. ~ { i)-<.-( 12<>5""-
Organizatiop's Responsible Party:
~G~ '^
Address of organization if different from above:
~Me.
Name of frreworks supplier: I Telephone #:
fi....'wi)t' S-<;"' N Ell "'>~.j- C;+-. 'f....Ilwt'llIl, CA q-z..g33 I 1'3'$-{Il~"1. x./~o
Does any outside organization, person, firm, company or concern have any interest in said sale or share of the proceeds? No
Number ofbona fide members:
[p'
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License to be issued upon compliance with Development Services and Fire Department regulations and special inspection permit to be
secured from Development Services - (909) 384-5071.
The undersigned agrees to comply strictly with any and all tenos of this license if granted, and will furnish any additional infonnation
upon request; and declares that only members of the stated organization(s) will conduct frreworks sales. If application is approved,
applicant will deliver to the City Clerk's Office a minimum of $1,000,000 public liability and property damage insurance policies with
riders attached designating the City of San Bernardino as an additional insured, and a copy of the State Fire Marshal permit.
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This application will not be considered unless it includes the following no later than the specified dates:
(Business License staff initial when complete)
No later than March 31
('
Official verification of organization's non-profit status
Copy of official Board minutes detailing the intent and authorization to sell fireworks; and delailins: what sites, populations. or projects will benefit and for
What u
Preliminary tinancial statement form describing anticipated expenses and profits. and detailing what monies will be provided to the projects listed in the
official Board minutes
Written permission from the property owner acknowledging hislher pennission to place a fi~Ork5 stand on hi5lher property (must clearly stale name and
address of owner
Plot sketch of fireworks stand and location
/
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SSO Application fee and S200 License fee payable to the City of San Bcma~ino
No later than June 20
Certificate of Insurance - SI.OOO.OOO public liability and property damage holding the City and its employees. officials and agents harmless. and
desi atin the same as the additional insured
State Fire Marshal's pennit
Temporary pennit from Stale Board of Equalization
Clean-up fee of S300 payable to !he City of San Bernardino
Completed applications must be returned to the City Clerk's Office,
.300 N. "D" Street, Zoa Floor, between March 1 and March 31 of the calendar year.
"1.01
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OmCE OF THE CI1Y CLERK
RACHEL G. CLAIUl: . CITY CLEU
BUSINESS REGISTRATION DIvIsION
P.O. Box 1318 . San Bernardino. CA 92402
300 North "0" Street. San Bernardino. CA 92418"()()()1
909.384.5302. Fax: 909.384.5158
www.sbcity.org
~
April 15, 2009
Patrick Kahler
San Gorgonio HS Tennis
2299 Pacific Street
San Bernardino Ca 92404
Dear Fireworks Stand Applicant:
The City Clerk's Office has reviewed your group's application to operate a fireworks stand in the
City of San Bernardino for 2009. Unfortunately, your group failed to meet the criteria specified
in Chapter 8.60 of the San Bernardino Municipal Code and will not be allowed to operate a
fireworks stand. Specifically, your group did not meet the criteria in the following area(s):
. No license shall be issued to any applicant except a nonprofit organization/group. Please
remit your 50 I c 3 from IRS and your Articles of Incorporation.
The decision of the City Clerk may be appealed to the Mayor and Common Council per SBMC
2.64 (copy enclosed). If you wish to appeal this decision, the enclosed Appeal Form must be
completed and received in the City Clerk's Office no later than 5:30 n.m. Aori130. 2009.
If you have any questions, please do not hesitate to call our office at (909) 384-5036.
Sincerely,
Cindy Buechter
Business Registration Manager
CITY OF SAN BERNARDINO
AooPI'I!D SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
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Vavrinek, Trine, Day & Co., LLP
Certified Public Accountants & Consuitants
V^"Jr THr nlrrEREt~cE
July 6, 2007
Mr. E. Gene Fortajada
Director, Accounting Services
San Bernardino City Unified School District
777 North F Street
San Bernardino, CA 92410
Re; Charitable Contributions
Dear Gene:
The San Bernardino City Unified School District is a public educational institution. The District is considered a
political subdivision of the State of California. Contributions to political subdivisions of a state are considered
charitable contributions pursuant to Internal Revenue Code Section 170 (c)(l) and can be deductible on the
contributors income tax return subject to certain limitations.
Internal Revenue Code Section 170 (c) defines a charitable contribution to include a contribution or gift to or for
the use ofa state, a possession oflhe United States. or any political subdivision of any oftbe foregoing, or the
United States or the District of Columbia, bul only if the contribution or gift is made for exclusively public
purposes.
Yours very truly,
~
Gregory P. Cook
of V A VIUNEK, TRJNE, DAY & CO., LLP
GPC
8270 Aspen Streot Aancho Cucamonga. CA 91730 Tel: 909.466.WO F..: 909.466.4431 www,Yldcpa.com
PALO ALTO . HIlASANTON . RANCHO C:lJC:,AMONGA
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CITY OF SAN BERNARDINO
APPEAL FORM
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Office Use Onlv
Copies Distributed To:
o City Attorney 0 City Manager
Date:
IMPORTANT INFORMATION: All appeals to the Mayor and Common Council, Board of
Building Commissioners (BBe) and Animal Control Commission must be filed in the City
Clerk's Office.
Appellant
s;", ~O^O 1-1'11, <;J,.,L . (re~s 1
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Name:
Address:
Contact Person
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9(j'7 - 3 flfr ~)z 'f )(L/Off!:l~ 7-
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Fax: 70'1.-88'7 - 5'f 37
E-mail: ~CidZ.it...\(.I!.<t.tQ/Z.~5bc...5d .( c.v-.
Name:
Address:
Day Phone:
Evening Phone:
Affected Property Address:
Assessor's Parcel Number (APN #):
Whose Decision Are You Appealing:
Date ofthat Decision:
c.".~ CJetZ- lL
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DBoard of Building Commissioners - $75.00
DMayor and Common Council - $75.00*
DPlanning Commission - Fee Adjusted Annually
DAnimal Control Commission - $75.00
DPolice Commission - No Charge
[BOther: .Llb^ 'Prv./-. 1"" S'-h1-- 5 - No Charge
*Note: Appeals to tbe Mayor and Common Council can only be from tbe Planning Commission and Police Commission.
City of San Bernardino - City Clerk's Office - 300 N. "D" Street - San Bernardino, CA 92418 - (909) 384-5002
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A VALID AllPEAL MUSTJ~CLUD$ tlJF. FOLLOWING
INFORMATION (SBMC2.64):
I. The action appealed:
S"h Gcr. .~0 t'fe/\f'0 (;..f(1( .;ec1 C, ;V;A)<;c ol.e 10 its- '5-b-6.J
0.5 C No-" i(Lrt e"N+\j Wv wo",rd lkek 411~ 25
\~ b-Y'Jnl\icJl}, H:<7 h. 'Sc.4J,.
2. The grounds for appeal:
5fl1.o- G.rSO'l:-':' +{;~-Sc ~06C ;~ c, p" /./.<:... ~cl",c","*'-"cz(. ; ~S+.-h..'m,,", 4.-vi
~~.k.lZ. ei-e..rft" C.s 11 ITO(q(i) We ~ /1(;-r JwJ~ c./t'h'dt?f oIL
J AcorIP"" +7.--~ Ie c! +.,.1i-.e S'-Rre. We. wdt<\J \;\le io ((2e-tJ Ie u,dQte.
Or-v'~J .11: L Y-AOdL. ()51ruc.r cb:s ;1)d A.", w<)()'L j
.~u. () '>0
3. The action(s) sought:
-1'hr.-t ii.(' Co'+:; ~+- ~~ (;.S~";"'v tts --rk ~. /.tb5'C h/L 4
r12f~LiL5 f:oc.-t-h.1l,f. }r.~_ "f.e.,^:-, ~a"" ;) obv'Q~r f) p. Nc,,-{)ro./r
e,,'T~CJ.S ;<:, <1le ~cI'OOL
4. Any additional information:
S'e.t c.-&.cl,.,eJ O{~~.-r s~-re...p~...,. L A-UA/"~-r
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