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Public Hearing o
City of San Bernardino LL
Request for Council Action
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Date: June 7, 2017 Y
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To: Honorable Mayor and City Council Members
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From: Georgeann `Gigi' Hanna, City Clerk
By: Telicia Lopez, Business Registration Manager E
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Subject: Appeal of City Clerk's decision to deny the fireworks o
application of Fund Our Kid's Future.
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Recommendation a
That the hearing be closed; and the Mayor and City Council uphold the decision of the W
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City Clerk to deny the fireworks application submitted by Fund our Kids Future.
Background
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• San Bernardino Municipal Code Section 8.60 sets forth the requirements for fraternal, W
educational and benevolent organizations to participate in the sale of safe and sane W
fireworks. No more than 35 stands can be operated in a given year and applications o
must be submitted between March 1St and March 31St of every year to be considered for
a stand. Returning groups from the preceding year are given priority over available Q
spaces, however all applicants must provide the required documents to qualify. In a
addition, returning groups must have submitted the regulatory fee and necessary Y
documents for the prior year sales by August 31 st of the prior fireworks season 0
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Applications are reviewed by Business Registration staff to determine compliance with
the municipal code_ After this review applicants have fulfilled all requirements and are
returning are issued one of the allotted spaces_ All new groups that qualify are issued a
space to operate, unless the number qualified applicants exceeds the number of spaces
available. In this instance a lottery would be held to issue the remaining spaces.
The location of the stand is not issued by the city, the groups must identify a location
and receive approval from the property owner to place a stand on the property. Stands
are restricted from operating at in any area north of the 210 freeway. Stands must be
compliant with Community Development and Fire Department requirements.
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Applications for the 2017 sale of safe and sane fireworks were accepted until April 3,
2017, due to March 31, 2017 being a weekend a
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Discussion
On April 4, 2017, the representative for Fund Our Kids Future appeared at the City
Clerk's Office to submit the 2017 fireworks application. The representative was directed o
to speak with Business Registration Manager, Telicia Lopez! because the deadline to
submit an application had passed. The representative was informed that since the
deadline had passed the application would be denied, however they could appeal the W
decision before the Mayor and City Council. The application was submitted and date
stamped (See Attachment 1). The incomplete application was submitted on April 4, N
2017 and additional documents were received from TNT representative Jaime on April L
5, 2017. The only remaining document not submitted was the applicant's 501(c)
(3),(4),(5),(6),(8),(10),(19),(20), or 501(d) verification of nonprofit status. U-
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On April 12, 2017 the denial letter was mailed to Fund Our Kids Future advising them of y
the option to appeal the denial (See Attachment 2).
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On April 20, 2017 the representative of Fund Our Kids Future submitted the appeal to 0
the City Clerk's Office and paid the $75 appeal fee. Q
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We currently have 32 organizations that will be selling fireworks in 2017 with 3 slots
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available.
Given the requirements outlined in SBMC 8.60, a decision was made to deny this
organization's application based on failure to adhere to the requirements of the o
municipal code. The appellant is requesting that the Mayor and City Council waive this
requirement and allow them to participate in fireworks for 2017 =
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Fiscal Impact
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None =-
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Conclusion 0
That the hearing be closed; and the mayor and City Council uphold the decision of the
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City Clerk to deny the fireworks application submitted by Fund our Kids Future. LL
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Attachments
Attachment 1 — Fund Our Kids Future -fireworks 2017 application o
Attachment 2 — Fund Our Kids Future - denial letter o
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Ward: 7V
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Synopsis of Previous Council Actions: °"
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Insert information in list form if applicable. m
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CITY OF SAN BERNARDINO 4 P! �tritfy�ln¢kCp: tL
APPLICATION FOR LICENSE TO SELL SAFE AND SANE FIREWORKS 4ira -clef+` I
MUNICIPAL CODE 8.60 +►.� r b
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Name of Organkadon: Ca-Applicant, if applicable(attach separate application): o
FUND OUR KIDS FUTURE 3
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Date organization formed in City of San Bernardino: Number of bona fide members: L
1994 1 30
Location of Fireworks Stand:
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Organization's Responsible Party; A ss: Telephone#: y
ERIC CISNEROS 11263 W LYNWOOD S.B. CA 92405 909-645-0081
Address of organization if different from above: Email Address of Responsible Party:
ekcis msn.COM
Name of fireworks supplier: Telephone#: a
TNT FIREWORKS-JAIME NEVAREZ 909-322-1538 Q
Does any outside organization, person, firm, company or concern have any interest in said sale or share of—iii—e—_ co
proceeds?
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License to be issued upon compliance with Community Development and Fire Department regulations and special inspection
permit to be secured from Community Development-(909)384-5071.
The undersigned agrees to comply strictly with any and all terms of this license if granted, and will furnish any additional Z
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information upon request:and declares that only members ofthe stated organization(s)will conduct fireworks sates. If application 2
Is approved, applicant will deliver.to the City Clerk's Office a minimum of$1,000,000 public liability and property damage U
insurance policies with riders attached designating the City of San Bernardino as an additional insured,and a copy of the State Fire Q
Marshal permit.
Sianature of Authorized RepresentativeTule Print name Date, Q
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This application will not be considered unless it includes the following no later than the specified dates:, Q
( Business License staff initial when complete) Q-
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No later than March 31(unless the 31"lands on a weekend,then the due date is the first working day in April). Y
Official verification of organization's non-pmfit status o
e4copy of official Board minutes detailing the intent and authorization to sell fireworks;and detailing what sites,populations,or projects will benatit and d
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Preliminary nano mt statement fbdescribing anticipated expenses and profits,and detailing what monies will be provided to the projects listed in the
fftoial Board minutes
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Written pertnisaion from the property owner acknowledging his/her permission to pace a fireworks stand on hisflicr properly(must clearly state name 4'
and address of ra owner >'
Plot sketch of fireworks stand and location
$50 Application fee and$200 License ttx payable to the City of San Bernardino 0
No later than June 20 0
Certificate of Insurance-$1,000,000 public liability and property damage holding the City and its employees,otrciats and agents harmless,and N
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designMing designatingthe same as the additional insured v
State Fire Natshal's permit
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Temporary permit from State Board of Equalization U
Clean-up fee of$300 payable to the City of San Bernardino
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Completed applications must be returned to the City Clerk's Office, Q
300N. "El" Street, 2 Floor,between March 1 and March 31 of the calendar year. a
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CIT' OF SAN BERNARDINO
Preliminary Fireworks Financial Statement for Year 2017 N
[Fireworks
i ozation: o(Joint,sd»,Please 11"momorbothWpAkatim) . o
Contact Name. Telephone# 3
ND OUR KIDS FUTURE ERIC CISNEROS 909-645.0081
and Location:
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Supplielr;T FIREWORKS d
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Total Estimated Sales of Fireworks: $ 18,000 Q
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Total Estimated Expenses: $ 14,000
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Total Estimated Profit: 4,000
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Please list the projects or activities detailed in the Board minutes,and indicate what sites,population,or projects v
within the City will benefit (attach additional sheets as needed). In addition, indicate how much of the profit
realized from the sale of fireworks will be allocated to each project or activity:
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1.YOUTH PROGRAMS AND ACTIVITES Allocation; $ 4,000. 100 % U
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2. Allocation: $ R% `o
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3' Allocation: $ 9b
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4. Allocation: $ % o
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Allocation: $ '
the andera igned a se
ed`es that this in a tactual representation of the intent of this non-profit organization related to the
roeeeds of fireworks
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UvICE OR'THE CITY CLERK �
GROItGRANN"GIGt"HANNA—CITY CLURK
Y 'u Busms REMsTRATION 1l1V smN LL
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P.O.Box 1318•San Bernardino•CA,92402
300 North"D"Street-San Bernardino•CA 92418-0001 N
909.384.5302 Fax:909.384,5158
San Berner 1�a www.shcity.org
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April 12,2017 0
ERIC CISN13ROS E
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CIO FUND OUR KIDS FUTURE a)
1263 W LYNWOOD 4-
SAN BERNARDINO,CA 92405 �o0
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Dear Fireworks Stand Applicant: Q
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The City Clerk's Office has reviewed your group's application to operate a fireworks stand in the o
City of San Bernardino for 2017. Unfortunately,your group failed to meet the criteria specified N
in Chapter 8.60 ofthe 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): w
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• 8.60.030(A)-Applications shall be made between the first day and the last day of March U
of each year except when the last day falls on a Saturday,'Sunday or legal holiday,the <
following business day shall be determined to be the last day
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p 8.60.030(D)-include a copy of the applicant's 501(c)(3),(4),(5),(6),(8),(10),(19),(20),or
501(d)verification of nonprofit status,or demonstrate that it is a non-profit organization, Q
group,association,etc.,which is organized primarily for veteran,patriotic,welfare,civic Q-
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or social betterment(including public or private school clubs,groups,organizations or Y
such other public or private school affiliates),or charitable purposes. 0
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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 eneldsed Appeal Form must be
completed and received in the City Clerk's Office no later than 5.30 p.m.
Apri 25 017. T
If you have any questions,please do not hesitate to call our office at(909)384-5302. Office
hours are 7:30 to 5:30,Monday through Thursday and closed every Friday. 0
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Sincerely, y
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tcia Lopez o
Business Registration Manager
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CrrY OF SAN 1SEMRDINO
ADOPTED SHAHBD VALWS'.Integrity•Accountability•Respect for Human Dignity•Honesty Q
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