HomeMy WebLinkAbout38- Ordinance Final Reading 1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.82.030 AND 5.82.050 OF THE SAN BERNARDINO MUNICIPAL CODE
3 RELATING TO BUSINESS OPERATOR'S PERMITS.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6 SECTION 1. Section 5.82.030 of the San Bernardino
7 Municipal Code is hereby amended to read as follows:
8 "An applicant for a permit for the operation of
9 any such hotel, motel, or drive-through dairy, selling
10 food or non-alcoholic refreshments, or a business
11 incidental or auxiliary to the sale of alcoholic
12 beverages on premises licensed by the Department of
13 Alcoholic Beverage Control (ABC) shall apply for and
14 obtain an operator's permit. The application for such
15 permit shall be filed with the City Clerk, shall be
16 signed under penalty of perjury, and shall be upon a
17 form supplied by the City Clerk. The application
18 shall contain the true names, addresses, and criminal
19 convictions during the five ( 5) years immediately
p 20 preceding the date of the application, if any (except
21 for infractions of the Vehicle Code) , of the applicant
22 and all persons financially interested in the
23 applicant' s business, and such other information as
24 may reasonably be deemed necessary by the City Clerk. "
25 SECTION 2. Section 5.82.050 of the San Bernardino
26 Municipal Code is hereby amended to read as follows:
27
28
DAB/bg [Permit.Ord] 1 August 4. 1993
1 "The City Clerk shall refer a copy of the
2 application to the Chief of Police who shall fully
3 investigate the applicant and the facts and
4 circumstances concerning the application submitted and
5 shall report in writing to the City Clerk his
6 recommendations and reasons therefor as to whether
7 such operator' s permit should be granted or denied.
8 The Chief of Police shall consider any relevant
9 factual material relating to such applicant, and shall
10 recommend the issuance of an operator' s permit as
11 required by this Chapter only upon finding that:
12 "A. During the five ( 5) years
13 immediately preceding the date of the
14 application, the applicant has not been
15 convicted of, or pled guilty or nolo
16 contendere to, any felony or crime of moral
17 turpitude or been found in violation of
18 laws or a regulation in a governmental
19 quasi-judicial proceeding when the facts
20 underlying such proceeding or conviction
21 show a nexus between the crime or violation
22 and the particular business operations or
23 indicate the lack of qualities essential to
24 protect the public health, safety and
25 welfare in operations under the permit;
26 "B. The applicant is not required to
27 register under Penal Code 5290 or Health
28 and Safety Code 511590;
DAB/bg [Permit_Ord] 2 August 4. 1993
1 "C. The applicant has not knowingly
2 made any false, misleading or fraudulent
3 statement of fact in the permit application
4 process, or on any document required by the
5 City in conjunction therewith; and,
6 "D. The location for which the permit
7 is sought is compatible with the
8 neighborhood and suitable for the type of
9 operation proposed, and will not pose a
10 public nuisance as defined in this Code in
11 the neighborhood or disrupt the peace and
12 solitude of a residential area. "
13 I HEREBY CERTIFY that the foregoing Ordinance was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a meeting thereof, held on the
16 day of 1993, by the following vote, to wit:
17
18
19
20
21
22
23
24
25
26
27
28
DAB/bg [Permit.Ord] 3 August 4, 1993
0
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.82.030 AND 5.82.050 OF THE SAN BERNARDINO MUNICIPAL CODE
2 RELATING TO BUSINESS OPERATOR'S PERMITS.
3 Council Members: AYES NAYS ABSTAIN ABSENT
4 NEGRETE
5 CURLIN
6 HERNANDEZ
7 OBERHELMAN
8 OFFICE VACANT
9 POPE-LUDLAM
10 MILLER
11
12 City Clerk
13
14 The foregoing Ordinance is hereby approved this day
15 of 1993.
16 Tom Minor, Mayor
17 City of San Bernardino
18 Approved as to form
and legal content:
19 JAMES F. PENMAN,
20 City Attorney
21 By: n
2
2
23
24
25
26
27
28
DAB/bg [Permit.Ord] 4 August 4, 1993
p 0
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.82.030 AND 5.82.050 OF THE SAN BERNARDINO MUNICIPAL CODE
3 RELATING TO BUSINESS OPERATOR'S PERMITS.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6 SECTION 1. Section 5.82.030 of the San Bernardino
7 Municipal Code is hereby amended to read as follows:
8 "An applicant for a permit for the operation of
9 any such hotel, motel, or drive-through dairy, selling
10 food or non-alcoholic refreshments, or a business
11 incidental or auxiliary to the sale of alcoholic
12 beverages on premises licensed by the Department of
13 Alcoholic Beverage Control (ABC) shall apply for and
14 obtain an operator' s permit. The application for such
15 permit shall be filed with the City Clerk, shall be
16 signed under penalty of perjury, and shall be upon a
17 form supplied by the City Clerk. The application
18 shall contain the true names, addresses, and criminal
19 convictions during the I five (5) years, immediately
20 preceding the date of the application, if any (except
21 for infractions of the Vehicle Code), of the applicant
22 and all persons financially interested in the
23 applicant's business, and such other information as
24 may reasonably be deemed necessary by the City Clerk. "
25 SECTION 2. Section 5.82.050 of the San Bernardino
26 Municipal Code is hereby amended to read as follows:
27
28
DAB/bg [Perwit2.Ord) l August 4, 1993
1 "The City Clerk shall refer a copy of the
2 application to the Chief of Police who shall fully
3 investigate the applicant and the facts and
4 circumstances concerning the application submitted and
5 shall report in writing to the City Clerk his
6 recommendations and reasons therefor as to whether
7 such operator's permit should be granted or denied.
8 The Chief of Police shall consider any relevant
9 factual material relating to such applicant, and shall
10 recommend the issuance of an operator' s permit as
11 required by this Chapter only upon finding that:
12 "A. During the five { } years
13 immediately preceding the date of the
14 application, the applicant has not been
15 convicted of, ' or pled guilty or nolo'
16 contenders to,' any felony or crime of moral
17 turpitude or been found in violation of
18 laws or a regulation in a governmental
19 quasi-judicial proceeding when the facts
20 underlying such proceeding or conviction
21 show a nexus between the crime or violation
22 and the particular business operations or
23 indicate the lack of qualities essential to
24 protect the public health, safety and
25 welfare in operations under the permit;
26 ` INEWDIRIMIRM
27 • .. . .
28 •
DAB/bg [PermiU.Ord] 2 August 4, 1993
i
1 or
I
2 - - •
3 'the operation of the business premises
i
4 _ . .
5 "B. The applicant is not required to
6 register under Penal Code 5290 or Health
7 and Safety Code S11590;
8 "C. The applicant has not knowingly
9 made any false, misleading or fraudulent
10 statement of fact in the permit application
11 process, or on any document required by the
12 City in conjunction therewith; and,
13 "D. The location for which the permit
14 is sought is compatible with the
15 neighborhood and suitable for the type of
16 operation proposed, and will not pose a
17 public nuisance as defined in this Code in
18 the neighborhood or disrupt the peace and
19 solitude of a residential area. "
20 I HEREBY CERTIFY that the foregoing Ordinance was duly
21 adopted by the Mayor and Common Council of the City of San
22 Bernardino at a meeting thereof, held on the
23 day of 1993, by the following vote, to wit:
24
25
26
27
28
DAB/bg [Permit2.0rd] 3 August 4, 1993
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.82.030 AND 5.82.050 OF THE SAN BERNARDINO MUNICIPAL CODE
2 RELATING TO BUSINESS OPERATOR'S PERMITS.
3 Council Members: AYES NAYS ABSTAIN ABSENT
4 NEGRETE
5 CURLIN
6 HERNANDEZ
7 OBERHELMAN
8 OFFICE VACANT
9 POPE-LUDLAM
10 MILLER
11
12 City Clerk
13
14 The foregoing Ordinance is hereby approved this day
15 of 1993.
16 Tom Minor, Mayor
17 City of San Bernardino
18 Approved as to form
and legal content:
19 JAMES F. PENMAN,
20 City Attorney
21
22 By:
23
24
25
26
27
28
DAB/bg [Permit2.Ord] 4
August 4, 1993