San Bernardino Municipal Code Ch. 5.82 Operator Permit Regulations

The city is endeavoring to reduce acts of sexual misconduct, drug trafficking and “fencing” activities occurring in the city, and to improve the business environment in the city. In furtherance of these goals, and to promote the health, safety and welfare of the public, this chapter requires regulatory permits for the purpose of ensuring that preventive action is taken to curb criminal activities from occurring on the business premises or from being involved with the employees or business operations. The criminal activities interfere with the safe operation of the businesses in the presence of patrons and visitors, and the continuance of the premises will be detrimental to the health, safety and welfare of the public. It is further found that such criminal activities have occurred and are likely to continue to occur on many business premises in the city.

(Ord. MC-502, passed 3-6-1986)

(A) It shall be unlawful for any person to commence, manage or conduct any type of business enumerated herein, without a valid and unsuspended operator’s permit issued hereunder and to not, at all times, commence, manage or conduct such business in compliance with all regulations of such business imposed under or by this chapter, including all conditions imposed by the Chief of Police by or under § 5.82.070.

(B) The commencement, management or conducting of any business regulated by this chapter without an operator’s permit as required or in a manner that is not in compliance with all regulations imposed under or by this chapter, including all conditions imposed by the Chief of Police by or under § 5.82.070, shall constitute a separate violation of this chapter for each and every day that such business is so commenced, managed or conducted.

(C) For the purposes of this chapter, PERSON shall include, but is not limited to, any individual who commences, manages or conducts a business regulated by this chapter, whether as principal or agent, clerk or employee, acting personally or for any other person, or for any corporate entity, or as an officer of any company, partnership or corporation, or otherwise.

(D) This chapter shall apply to any person commencing, managing or conducting any of the following businesses:

(1) Hotel; and

(2) Motel.

(Ord. MC-502, passed 3-6-1986; Ord. MC-692, passed 12-19-1989; Ord. MC-809, passed 10-8-1991; Ord. MC-1305, passed 5-20-2009; Ord. MC-1472, passed 3-7-2018)

An applicant for a permit for the operation of any such hotel or motel shall apply for and obtain an operator’s permit. The application for such permit shall be filed with the Department of Finance and Management Services, shall be signed under penalty of perjury and shall be upon a form supplied by the Department of Finance and Management Services. The application shall contain the true names, addresses and criminal convictions during the ten years immediately preceding the date of the application, if any (except for infractions of the California Vehicle Code), of the applicant and all persons financially interested in the applicant’s business, and such other information as may reasonably be deemed necessary by the Police Department.

(Ord. MC-502, passed 3-6-1986; Ord. MC-962, passed 3-20-1996; Ord. MC-809, passed 10-8-1991; Ord. MC-884, passed 9-8-1993; Ord. MC-1472, passed 3-7-2018; Ord. MC-1625, passed 2-21-2024)

Each application for an operator’s permit shall be accompanied by a non-refundable investigative fee in an amount established by resolution of the Mayor and City Council.

(Ord. MC-519, passed 5-20-1986; Ord. MC-976, passed 7-31-1996; Ord. MC-1472, passed 3-7-2018)

(A) The Chief of Police shall refer the application to a subordinate officer who shall fully investigate the applicant and the facts and circumstances concerning the application submitted, and who shall report, in writing to the Police Chief, his or her recommendations and reasons therefor as to whether such operator’s permit should be granted or denied.

(B) The Chief of Police shall consider any relevant factual material relating to such applicant, and shall authorize the issuance of an operator’s permit as required by this chapter only upon finding that the following apply.

(1) During the ten years immediately preceding the date of the application, the applicant has not been convicted of, or pled guilty or nolo contendere to, any felony or crime of moral turpitude or been found in violation of laws or a regulation in a governmental quasi-judicial proceeding when the facts underlying such proceeding or conviction show a nexus between the crime or violation and the particular business operations or indicate the lack of qualities essential to protect the public health, safety and welfare in operations under the permit.

(2) The applicant is not required to register under Cal. Penal Code, § 290 or Cal. Health and Safety Code, §§ 11591 and 11591.5.

(3) The applicant has not knowingly made any false, misleading or fraudulent statement of fact in the permit application process, or on any document required by the city in conjunction therewith.

(4) The location for which the permit is sought is compatible with the neighborhood and suitable for the type of operation proposed, and will not pose a public nuisance, as defined in this code, in the neighborhood or disrupt the peace and solitude of a residential area.

(Ord. MC-502, passed 3-6-1986; Ord. MC-505, passed 3-19-1986; Ord. MC-884, passed 9-8-1993; Ord. MC-1472, passed 3-7-2018)

Permits issued pursuant to this chapter shall be valid until such time as there is a change of ownership of the business or until the permit is suspended, abandoned or revoked.

(Ord. MC-502, passed 3-6-1986; Ord. MC-519, passed 5-20-1986; Ord. MC-696, passed 1-9-1990)

The Chief of Police may impose conditions of approval deemed necessary to ensure compliance with the provisions of this chapter or to protect the health, safety and welfare of the public.

(Ord. MC-502, passed 3-6-1986)

If the Chief of Police finds any of the facts prohibiting issuance of a permit, as set forth in § 5.82.050, exist, the Chief of Police shall deny the application.

(Ord. MC-502, passed 3-6-1986)

Within 45 calendar days of the date the application is filed, the Chief of Police shall give written notices of his or her decision to the applicant, to the Department of Finance and Management Services and to any other person specifically requesting such notice.

(Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018; Ord. MC-1625, passed 2-21-2024)

Any applicant aggrieved by the decision of the Chief of Police with reference to the issuance, conditional issuance or denial of a permit may appeal therefrom by filing a written notice of appeal with the City Clerk directed to the City Manager.

(Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018)

Any such notice of appeal shall not be valid and shall not be acted upon unless filed within 15 calendar days after the date of the action or decision which is being appealed.

(Ord. MC-502, passed 3-6-1986)

(A) The notice of appeal shall be in writing and shall set forth:

(1) The specific action appealed from;

(2) The specific grounds of appeal; and

(3) The relief or action sought from the City Manager.

(B) In the event any notice of appeal fails to set forth any information required by this section, the City Clerk shall return the same to the appellant with a statement of the respects in which it is deficient, and the applicant shall thereafter be allowed five calendar days in which to perfect and refile his or her notice of appeal.

(Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018)

Upon the timely filing of a notice of appeal in proper form, the City Clerk shall schedule the matter promptly and within 45 days for hearing before the City Manager.

(Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018)

At the time of consideration of the appeal by the City Manager, the appellant shall present evidence limited to the specific grounds of appeal and matters set forth in his or her notice of appeal. The appellant shall have the burden of establishing cause why the action appealed from should be altered, reversed or modified. The Police Department shall have the opportunity to answer arguments made and rebut new evidence offered, if any. The City Manager shall review the evidence, findings and record relating to the decision or action and may, in his or her discretion, receive new or additional evidence. Formal rules of evidence shall not apply to any appeal hearing.

(Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018)

Within ten calendar days after reaching a determination on the appeal, the City Manager shall give written notice of his or her decision to the appellant, the Police Department, the Department of Finance and Management Services and to any other person specifically requesting such notice.

(Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018; Ord. MC-1625, passed 2-21-2024)

(A) Upon receipt of satisfactory evidence of any of the following grounds, the City Manager 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 condition imposed on the permit;

(2) The permittee has failed to timely pay any license or permit fees that are provided for under the provisions of this code; and

(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 conduct at the business premises which constitutes 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 limited to, acts of sexual misconduct, illicit drug transactions or “fencing” of personal property occurring on the premises of the business.

(2) Permittee 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 18 months.

(D) The finding of any one of the above grounds shall be sufficient to support a suspension or revocation, respectively, of a permit.

(Ord. MC-502, passed 3-6-1986; Ord. MC-505, passed 3-19-1986; Ord. MC-893, passed 1-12-1994; Ord. MC-1472, passed 3-7-2018)

The permittee shall be notified in writing that a hearing which may result in suspension or revocation of the permit will be held, the place where the hearing will be held and the date and time thereof, which shall not be sooner than ten calendar days after service of such notice of hearing. All notices provided for in this section shall be personally served upon the permittee, or by leaving such notice at the place of business or residence of such permittee in the presence of a competent member of the household or a person apparently in charge of permittee’s place of business at least 18 years of age, who shall be informed of the contents thereof. In the event service cannot be made in the foregoing manner, then a copy of such notice shall be mailed, by certified mail, return receipt requested, addressed to the last known address of such permittee at his or her place of business or residence at least ten calendar days prior to the date of such hearing. The notice shall also contain a general statement of the nature of the grounds of the proposed suspension and that the permittee may be represented by counsel at the hearing.

(Ord. MC-502, passed 3-6-1986; Ord. MC-893, passed 1-12-1994)

In the event that the permittee, or counsel representing the permittee, fails to appear at the hearing, the evidence of the existence of facts which are presented and which constitute grounds for the suspension or revocation of the permit may be used by the City Manager as the basis of his or her decision.

(Ord. MC-502, passed 3-6-1986; Ord. MC-893, passed 1-12-1994; Ord. MC-1472, passed 3-7-2018)

If, after the conclusion of a hearing held to consider the suspension of a permit issued under this chapter, it is determined that any of the grounds for suspension of an operator’s permit exist, then said permit shall be suspended for one month for the first suspension; two months for the second suspension; and six months for each additional suspension thereof.

(Ord. MC-502, passed 3-6-1986)

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.

(Ord. MC-893, passed 1-12-1994)

A copy of the decision of the City Manager specifying findings of fact and conclusions for the decision shall be furnished to the permittee, or permittee’s designated representative. The decision of the City Manager shall be final when issued.

(Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018)

A permit shall be deemed abandoned within 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.

(Ord. MC-502, passed 3-6-1986; Ord. MC-893, passed 1-12-1994; Ord. MC-1472, passed 3-7-2018)

No permit issued pursuant to this chapter shall be transferable.

(Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018)

If any section, division, paragraph, sentence, clause, phrase or portion of this chapter is invalid or shall be held to be invalid, such invalidity shall not affect the validity of the remainder.

(Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018)

[Reserved]

(Repealed by Ord. MC-1472, passed 3-7-2018)

[Reserved]

(Repealed by Ord. MC-1472, passed 3-7-2018)