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ORIGINAL
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
CONDmON OF AN OPERATOR'S PERMIT.
Dept: CITY ATIORNEY
Date: April 28, 2009
MIce Meeting Date: May 4, 2009
Synopsis of Previous CouncUAction: 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 fmal adoption.
Contact person: James F. Penman
J ,A--
ture
Phone:
5355
Supporting data attached: Staff Reoort
Ward: All
FUNDING REQUIREMENTS: Amount: 0
Source: N/A
Finance:
Council Notes:
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Agenda Item No. ?J>
5- /<if'-o't
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 OF THE 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 Chief of Police 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:
1. 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.
CITY OF SAN BERNARDINO
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:
FROM:
DATE:
RE:
Mayor and Common Council
James F. Penman, City Attorney} 9'1'
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 ahnost the exact same language as what went before the Legislative
Review Committee on April 21 ,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.
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CC~{Pl(
1 ORDINANCE NO.
2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE .CITY OF SAN
BERNARDINO AMENDING SECTION 5.82.020 OF THE SAN BERNARDINO
3 MUNICIPAL CODE RELATING TO THE VIOLATION OF ANY CONDITION OF AN
OPERATOR'S PERMIT.
4
5
6
7
8
9 A.
10
11
12 B.
13
14
15 C.
16
17 D.
18
19
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21
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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 ofthis 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:
1. 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."
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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 Bernardino 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
19
20
21
22
23
24
25
0 26
27
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The foregoing resolution is hereby approved this
day of
,2009.
Approved as to form:
Patrick J. Morris, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
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