San Bernardino Municipal Code Ch. 5.22 Outdoor Sales and Displays

It is unlawful for any person, firm or corporation to conduct outdoor sales or displays, except upon issuance of a permit by the City Clerk.

(Ord. MC-535, passed 8-6-1986)

The permit fee shall be established by resolution of the Mayor and City Council.

(Ord. MC-535, passed 8-6-1986)

(A) Said permits shall be issued only to persons holding an active business license at the time of the application for such permit, and such permit shall be kept on the premises while in force.

(B) A permit shall not be issued for the same location more than four times in any calendar year and not more than once within any 30-day period. The permit shall be valid for nine calendar days, including holidays. The beginning and ending date of the sale shall be stated in the permit.

(Ord. MC-535, passed 8-6-1986)

Limited outdoor sales and displays of merchandise may be permitted upon issuance of a permit pursuant to § 5.22.010, as long as the following criteria are met.

(A) No merchandise shall be located in public rights-of-way.

(B) Merchandise may be located in the parking lot, utilizing not more than 10% of the available parking spaces.

(C) No merchandise shall be located in areas required to meet the landscaping standards set forth in Chapter 19.28 of the Development Code.

(D) No merchandise shall be located in such a way that it creates a public safety hazard.

(E) The location of merchandise for sale or display shall be restricted to those sides of the building where customer entrances are located.

(Ord. MC-535, passed 8-6-1986; Ord. MC-970, passed 6-4-1996)

The following uses are exempt from the provisions of this chapter:

(A) Permanent outdoor sales and display areas, for major tenants (15,000 square feet or greater), pursuant to Chapter 19.06 of the Development Code;

(B) Limited outside uses, such as patio dining areas and nursery sales, pursuant to Chapter 19.06 of the Development Code;

(C) Display areas for the sale or rent of motor vehicles, pursuant to Chapter 19.06 of the Development Code;

(D) City-sponsored uses and activities, or activities occurring on city owned property, occurring at regular periodic intervals (weekly, monthly, yearly and the like). Other city permits (building permits, encroachment permits, tent permits and the like) may be required; and

(E) Personal property sales, pursuant to Chapter 5.68.

(Ord. MC-970, passed 6-4-1996)