HomeMy WebLinkAboutMC-14871
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ORDINANCE NO. MC -1487
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AMENDING SAN BERNARDINO MUNICIPAL
CODE CHAPTER 5.52, TRANSFERRING LICENSING OF ESCORT BUREAUS
FROM THE CITY CLERK TO THE POLICE DEPARTMENT OF THE CITY OF
SAN BERNARDINO, AMENDING SAN BERNARDINO MUNICIPAL CODE
CHAPTER 5.84 RELATED TO ENFORCEMENT, AND REPEALING SAN
BERNARDINO MUNICIPAL CODE CHAPTER 5.60 RELATED TO MOTOR BUSES
WHEREAS, at the November 8, 2016 general election, the People of the City of San
Bernardino adopted Measure L which amended the City of San Bernardino's Charter ("New
Charter"); and
WHEREAS, the New Charter was filed with the California Secretary of State on
January 31, 2017 and became effective on that date; and
WHEREAS, Section 505 of the New Charter changes the duties of the City Clerk, in
part by eliminating the City Clerk's responsibility for issuing business licenses and regulating
certain businesses; and
WHEREAS, the City Council is adopting amendments to various chapters relating to
licensing of certain businesses in accordance with Section 505 of the New Charter transferring
responsibilities for certain licensing and regulation of uses from the City Clerk to the Police
Department in order bring the Municipal Code into conformity with the New Charter and to
effectuate the City Council's desire to transfer these duties from the City Clerk to the Police
Department.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 5.52.020 and 5.52.070 of Chapter 5.52 of the San Bernardino
Municipal Code entitled "ESCORT BUREAUS" are hereby amended as follows:
5.52.020 Permit - Required - Application
It is unlawful for any person to conduct, manage or carry on any escort bureau without
first securing a permit therefor from the Chief of Police. No such permit shall be issued by the
Chief of Police except upon the verified application in writing of the individual to be in
control of, and responsible for, the operation and conduct of the business. The application
shall be upon a form furnished by the Police Department and shall set forth such information
concerning the applicant and the proposed business as the Chief of Police may require and
must be accompanied by a fee in the sum of two hundred dollars, or such amount as
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subsequently set by Resolution of the Mayor and City Council. Each permit issued shall
expire on December 31 st next following the date of issuance, and each application for the
annual renewal thereof shall be accompanied by a renewal fee in the sum of seventy-five
dollars, or such amount as subsequently set by Resolution of the Mayor and City Council. No
permit under this section shall be issued to, or in the name of, any organization, group,
corporation, partnership, or any other entity than an individual person; but the business may
be advertised and carried on by the permittee under a fictitious name in the manner permitted
by law, provided such fictitious name is first approved by the Chief of Police.
5.52.070 Suspension or revocation of permit
The Mayor and City Council shall have the power to suspend or revoke any permit, or
to deny a renewal after notice and an opportunity for a hearing has been given to the permittee
upon any of the following grounds:
A. That the permittee has, in the course of the business, committed, or caused,
permitted, encouraged or condoned the commission of any act in violation of this
section, or any lewd and immoral act, or any act of prostitution;
B. That the business has been conducted, in whole or in part, as a subterfuge to
facilitate or to conceal the conduct of any unlawful business or practice.
SECTION 2. Chapter 5.60 of the San Bernardino Municipal Code entitled "MOTOR
BUSES" is hereby repealed in its entirety.
SECTION 3. Sections 5.84.010 and 5.84.020 of Chapter 5.84 of the San Bernardino
Municipal Code entitled "ENFORCEMENT - CITING AUTHORITY" are hereby amended
as follows:
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5.84.010 Enforcement
It shall be the duty of the Department responsible for issuing a particular permit, or his
or her authorized representatives, to enforce the provisions of this Title with respect to such
permit.
5.84.020 Right of entry - Exhibition of license
A. The head of the Department issuing a particular permit, the Chief of Police, or his
or her authorized representatives are empowered to enter, during business hours, free of
charge, any place of business, or to approach any person apparently conducting or employed
in the operation of the business, for which a license or permit is required pursuant to this Title,
and to demand the exhibition of such license or permit for the current term. If such person
then and there fails to exhibit such license or permit, the authorized representative or police
officer is authorized and empowered to cite the person and issue a notice to appear pursuant to
the pim-isions of this Title, relating to licensing of'businesses within the City.
SECTION 4. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
SECTION 5. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
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SECTION 6. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (3 0) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AMENDING SAN BERNARDINO MUNICIPAL
CODE CHAPTER 5.52, TRANSFERRING LICENSING OF ESCORT BUREAUS
FROM THE CITY CLERK TO THE POLICE DEPARTMENT OF THE CITY OF
SAN BERNARDINO, AMENDING SAN BERNARDINO MUNICIPAL CODE
CHAPTER 5.84 RELATED TO ENFORCEMENT, AND REPEALING SAN
BERNARDINO MUNICIPAL CODE CHAPTER 5.60 RELATED TO MOTOR BUSES
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
18th day of April 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
k
ABSTAIN ABSENT
Georges Hanna, CW', City Clerk
The foregoing Ordinance is hereby approved this 18th day of Apol 2018.
Loki
R. Carey Davi Mayor
City of San B rnardino
Approved as to form:
Gary D. Saenz, City Attorney
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