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HomeMy WebLinkAbout26- City Attorney CITY OF SAN BERN/' RDINO - REQUEST F^R COUNCIL ACTION From: James F. Penman, Subject: An Ordinance of the City of City Attorney San Bernardino Amending Section Dept: City Attorney 5.82. 160 to the San Bernardino Municipal Code Relating to Date: December 7, 1993 Suspensions and Revocations of Operator' s Permits by the Police Commission Synopsis of Previous Council action: None. Recommended motion: Waive further reading and lay over for final adoption. Signature Dennis A. Barlow 5255 Contact person: Phone: Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 _ Agenda Item No.... CITY OF SAN BERN!"ADINO - REQUEST F R COUNCIL ACTION v STAFF REPORT Chapter 5.82 of the San Bernardino Municipal Code governs the granting, suspension and revocation of operator's permits for certain businesses including hotels, motels, drive-through dairies, establishments selling food or non-alcoholic refreshments, and business incidental or auxiliary to the operation of on- and off- sale premises licensed by the State ABC (such as restaurants, bars, cafes and the like) . To assist the Police Commission in the administration of this chapter it would be helpful to revise the chapter to clearly delineate those grounds applicable to suspensions and those grounds applicable to revocations, to specify the type of notice required, I and to include a definition of abandonment of a permit. The attched Ordinance will provide those clarifications. I 75-0264 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 5.82.160 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 3 SUSPENSIONS AND REVOCATIONS OF OPERATOR'S PERMITS BY THE POLICE COMMISSION. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Section 5.82. 160 of the San Bernardino Municipal 7 Code is hereby amended to read as follows: 8 "5.82.160 Suspension or Revocation of Operator' s Permit 9 A. Upon receipt of satisfactory evidence of any of 10 the following grounds, the Police Commission may hold 11 • hearing to consider the suspension or revocation of 12 • permit issued under this chapter. 13 B. For suspension the grounds are as follows: 14 1. The permittee has failed to comply with any 15 condition imposed on the permit. 16 2, The permittee has failed to timely pay any 17 license or permit fees that are provided for 18 under the provisions of this Code. 19 3. The existence of unsanitary conditions, 20 noise, disturbances or other conditions at 21 the premises and related to the business 22 which causes a public nuisance, or which is 23 detrimental to the public health, safety or 24 welfare. 25 C. For revocation the grounds are as follows: 26 1. The permittee, operator or employee of the 27 permittee has engaged in or permitted 28 DAB/js [Permits.Ord] 1 December 7, 1993 1 conduct at the business premises which 2 constitutes a felony or crime of moral 3 turpitude, and the permittee knew, or with 4 the exercise of reasonable diligence should 5 have known, of such criminal conduct and 6 failed to take remedial or preventive 7 action. Such conduct may include, but shall 8 not be limited to, acts of sexual 9 misconduct, illicit drug transactions or 10 ' fencing' of personal property occurring on 11 the premises of the business. 12 2• Permittee has made any material misstatement 13 in the application for such permit or the 14 permit was acquired by fraud. 15 3. Any of the grounds that would warrant the 16 denial of the issuance of such permit at the 17 time of application. 18 4. There have been two or more suspensions of 19 the permit under this Chapter in the 20 proceeding eighteen ( 18 ) months. 21 D. The finding of any one of the above grounds 22 shall be sufficient to support a suspension 23 or revocation, respectively, of a permit. " 24 Section 2. Section 5.82. 170 of the San Bernardino Municipal Code 25 is hereby amended to read as follows: 26 "5.82. 170 Notice of Hearing 27 The permittee shall be notified in writing that 28 a hearing which may result in suspension or revocation DAB/is [Permits.Ord] 2 December 7, 1993 1 of the permit will be held, the place where the 2 hearing will be held and the date and time thereof, 3 which shall not be sooner than ten ( 10) calendar days 4 after service of such notice of hearing. All notices 5 provided for in this section shall be personally 6 served upon the permittee, or by leaving such notice 7 at the place of business or residence of such 8 permittee in the presence of a competent member of the 9 household or a person apparently in charge of 10 permittee' s place of business at least eighteen ( 18 ) 11 years of age, who shall be informed of the contents 12 thereof. In the event service cannot be made in the 13 foregoing manner, then a copy of such notice shall be 14 mailed, by certified mail, return receipt requested, 15 addressed to the last known address of such permittee 16 at his place of business or residence at least ten 17 (10) calendar days prior to the date of such hearing. 18 The notice shall also contain a general statement of 19 the nature of the grounds of the proposed suspension 20 and that the permittee may be represented by counsel 21 at the hearing. " 22 SECTION 3. Section 5.82. 180 of the San Bernardino Municipal 23 Code is hereby amended to read as follows: 24 "5.82. 180 Failure to Appear at Hearing 25 "In the event that the permittee, or counsel 26 representing the permittee, fails to appear at the 27 hearing, the evidence of the existence of facts which 28 are presented and which constitute grounds for the DAB/js [Permits.Ord] 3 December 7, 1993 I suspension or revocation of the permit may be used by 2 the Police Commission as the basis of its decision. " 3 SECTION 4. Section 5.82. 195 is hereby added to the San 4 Bernardino Municipal Code to read as follows: 5 "5.82. 195 Revocation 6 "If, after the conclusion of a hearing held to 7 consider the revocation of a permit issued under this 8 Chapter, it is determined that any of the grounds for 9 revocation of an operator' s permit exist, then such 10 permit shall be revoked. " 11 SECTION 5. Section 5.82.260 of the San Bernardino Municipal 12 Code is hereby amended to read as follows: 13 "5.82.260 Permit-Abandonment 14 A permit shall be deemed abandoned within the 15 terms of this Chapter where the business or activity 16 has had no reported sales or activity for a period of 17 at least 180 consecutive days. Exceptions are 18 temporary closures for repairs, alterations, or other 19 similar situations. " 20 21 22 23 24 25 26 27 28 DAB/js [Permits.Ord] 4 December 7, 1993 r r4l 0 1 AN ORDINANCE. . .AMENDING SECTION 5.82.160 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SUSPENSIONS AND REVOCATIONS 2 OF OPERATOR'S PERMITS BY THE POLICE COMMISSION. 3 I HEREBY CERTIFY that the foregoing Ordinance was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a meeting thereof, held on the 6 day of 1993, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 NEGRETE 9 CURLIN 10 HERNANDEZ 11 OBERHELMAN 12 DEVLIN 13 POPE-LUDLAM 14 MILLER 15 16 City Clerk 17 18 19 The foregoing Ordinance is hereby approved this day 20 of 1993. 21 Tom Minor, Mayor 22 City of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 27 By 28 DAB/js [Permits.Ord] 5 December 7, 1993