HomeMy WebLinkAboutMC-893
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Effective: February 10, 1994
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MC-893
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:
SECTION 1. Section 5.82.160 of the San Bernardino Municipal
Code is hereby amended to read as follows:
"5.82.160 Suspension or Revocation of Operator's Permit
A. Upon receipt of satisfactory evidence of any of
the following grounds, the Police Commission may hold
a hearing to consider the suspension or revocation of
a permit issued under this chapter.
B. For suspension the grounds are as follows:
1.
The permittee has failed to comply with any
2.
condition imposed on the permit.
The permittee has failed to timely pay any
license or permit fees that are provided for
under the provisions of this Code.
3.
The existence of unsanitary conditions,
noise, disturbances or other conditions at
the premises and related to the business
which causes a public nuisance, or which is
detrimental to the public health, safety or
welfare.
C.
For revocation the grounds are as follows:
1. The permittee, operator or employee of the
permittee has engaged in or permitted
DA~/js [Permits.Ord]
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December 7. 1993
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MC-893
conduct at the business premises which
consti tutes a felony, or crime of moral
turpitude, and the permittee knew, or with
the exercise of reasonable diligence should
have known, of such criminal conduct and
failed to take remedial or preventive
action. Such conduct may include, but shall
not be limi ted to, acts of sexual
misconduct, illicit drug transactions or
'fencing' of personal property occurring on
the premises of the business.
2. Permi ttee has made any material misstatement
in the application for such permit or the
permit was acquired by fraud.
3. Any of the grounds that would warrant the
denial of the issuance of such permit at the
time of application.
4. There have been two or more suspensions of
the permit under this Chapter in the
proceeding eighteen (18) months.
D. The finding of anyone of the above grounds
shall be sufficient to support a suspension
or revocation, respectively, of a permit."
Section 2. Section 5.82.170 of the San Bernardino Municipal Code
is hereby amended to read as follows:
"5.82.170 Notice of Hearing
The permittee shall be notified in writing that
a hearing which may result in suspension or revocation
DAB/js [Permits.Ord]
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December 7. 1993
MC-893
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 permi ttee 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
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MC-893
suspension or revocation of the permit may be used by
the Police Commission as the basis of its decision."
SECTION 4. Section 5.82.195 is hereby added to the San
Bernardino Municipal Code to read as follows:
"5.82.195 Revocation
"If, after the conclusion of a hearing held to
consider the revocation of a permit issued under this
Chapter, it is determined that any of the grounds for
revocation of an operator's permit exist, then such
permit shall be revoked."
SECTION 5. Section 5.82.260 of the San Bernardino Municipal
Code is hereby amended to read as follows:
"5.82.260 Permit-Abandonment
A permit shall be deemed abandoned wi thin the
terms of this Chapter where the business or activity
has had no reported sales or activity for a period of
at least 180 consecutive days. Exceptions are
temporary closures for repairs, alterations, or other
similar situations."
December 7. 1993
MC-893
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AN ORDINANCE...AMENDING SECTION 5.82.160 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO SUSPENSIONS AND REVOCATIONS
OF OPERATOR'S PERMITS BY THE POLICE COMMISSION.
I HEREBY CERTIFY that the foregoing Ordinance was duly
adopted by the Mayor and Common Council of the City of San
adjourned
Bernardino at a regU.lar meeting thereof, held on the
10th
day of
January
, 1994 by the following vote, to wit:
AYES NAYS ABSTAIN ABSENT
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X
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Council Members:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DI'VLIN
POPE-LUDLAM
14 MILLER
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Q~~
City'-Clerk
The foregoing Ordinance is hereby approved this ~;?~ day
of
, 1994.
.Trlnnary
.~.. )"
- / (j;.)}. \ { (," ,,,'"
Tom Minor, Mayor
City of San Bernardino
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Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
tt
i/ rt
BY:~7 .( ~
(j
DAB/js [Permits.Ord]
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December 7, 1993