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1 ORDINANCE IiO. ~ ~
2 ORDINANCE OF THE CITY OF SAiJ BERiJARDINO AI°iENDIiQG ORDI-
iJAiJCE iJO, 763 ENTITLED IN PART "AIJ ORDIiJAIJCE PROVIDING FOR THE
3 LICEIJSIIJG OF BUSIiJESSES AND PROVIDING FOR THE ENFORCE-
riEIJT OF SUCH ORDIiJAiQCE BY CITY IiJSPEC'lORS.
4
THE :IAYOR AiJD COI4MOiQ COUNCIL OF THE CITY OF SAiQ BERNAR-
5 DING DO ORDAIN AS FOLL06dS:
6 SECTION 1. Ordinance iJo. 763 Section Eight is hereby
7 amended to read as follows:
8 "Section Eight: The City Clerk and his authorized per-
9 sonnel, license inspectors and all police officers in addition to
10 their several duties shall nave and exercise the power to enter
11 free of ci~arge, at any time, any place of business, or to approach
12 any person apparently conducting or employed in the operation of
13 a business, for which a license is required by this ordinance and
14 to demand the exhibition of such license for the current term by
15 any person engaged or employed in the transaction of such business
16 and if such person shall then and there fail to exhibit such
17 license, such person shall be deemed guilty of a misdemeanor, and
18 upon conviction thereof, shall be liable for the penalty provided
19 for a violation of this ordinance,
20 It is hereby made the duty of such officers and employees ~
21 to make arrests for violations of, and to enforce the provisions
22 of this ordinance pursuant to Penal Code Sections 836,5 and 853.6,
23 The license inspectors shall ascertain the name of any
24 person, firm, corporation or association en ;aging in or carrying
25 on any business, show, exhibition or game in the City of San Ber-
2g nardino who or which is liable to obtain and pay for a license
try and shall require that such license be obtained and that the
28 appropriate fee or tax be paid. The Chief of Police and other
29 departments of the City shall assist and cooperate as may be re-
30 quired to enable the license inspectors to fulfill their respon-
31 sibilities hereunder."
32 SECTIOiJ 2. Ordinance No. 7fi3 Section Ten-C is hereby
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11 amended to read as follows: j
2~ "Section Ten-C: The City Clerk and his authorized per-
gi sonnel, license inspectors and police officers are authorized to
4, examine, audit and inspect any financial books and records of
5' any licensee, applicant for a license, or person engaged in
6~ business, as may be necessary to verify or ascertain tine amount
7 of license tax due from such licensee, applicant, or person in
$ the specific classification,
g All licensees, applicants for licenses and persons engaged
10 in business are required to permit such an examination of their
11 financial books and records for the purposes and under con-
12 ditions aforesaid, Any failure or refusal to permit such an
13 examination by a licensee shall constitute good cause under
14~ Section 119 hereof for the suspension, cancellation or revo-
15 cation of the subject license issued 'hereunder, which penalty
16 shall be accumulative and in addition to any other penalty or
17 remedy provided for by law, whether criminal or civil in nature,"
lg SECTIOiQ 3, Ordinance ivo. 763 Section 121 is hereby
lg amended to read as follows:
20 "Section 121: If any person is arrested for a violation
21 of any provision of this Ordinance and such person does not
22 demand to be taken before a magistrate as prescribed in the Penal
23 Code, the arresting employee shall prepare a written notice to
24 appear in court and release such person on his promise to appear
25 as prescribed by Penal Code Sections 836.5 and 853,6 et, seq,
26 and other provisions of law governing such arrests and subsequent
27 proceedings,"
28 SECTIOIQ 4, Ordinance ;Jo, 763 Section Seven is hereby
2g repealed,
30 I riEREBY CERTIFY that the foregoing ordinance was duly
31 adopted by the I4ayor and Common Council of the City of San Ber-
32 nardino at a /S~C.Gy•c~(~k~i meeting thereof,
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1 held on the /.S~k, day of a`i2Ct-c , 1972, by the
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2i following vote, to wit: ~ /
3 ~ AYES: Councilmen Cf/-~et~l2 , ~z-Q ,
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5I' NAYS: ,
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6 ASSEIJT: ~G~~t-+,-c~~n~+~4,? ~w~-rr c,~
7 ~I
8 Ci`ty~er
9 The foregoing ordinance is hereby appro d this fii.
10 day of , 1972.
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13I ~ r e i y o n ernar ino
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14 Approved as to form:
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16 ~i y torney
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