Legislation Details

File #: 1748   
Type: Discussion Status: Passed
File created: 3/2/2020 Department: Land Use Services
On agenda: 3/10/2020 Final action: 3/10/2020
Subject: v Introduction of Ordinances Transferring the License Programs for Bingo, Massage Clinics, Adult Business Performers, and Adult Business Non-Performers from the Clerk of the Board to the Code Enforcement Division of the Land Use Services Department.
Attachments: 1. PPT-LUS-3-10-2020 Bingo Massage Clinic Adult Performer and Non-Performer-Summary of Proposed Ordinance-Item #.pdf, 2. ORD-LUS-031020-Adult Business Non-Performer.pdf, 3. ORD-LUS-031020-Adult Business Performer.pdf, 4. ORD-LUS-031020-Bingo games.pdf, 5. ORD-LUS-031020-Massage Clinics.pdf, 6. ORD-LUS-031020-Adult Business Non-Performer redline.pdf, 7. ORD-LUS-031020-Adult Business Performer redline.pdf, 8. ORD-LUS-031020-Bingo games redline.pdf, 9. ORD-LUS-031020-Massage Clinics redline.pdf, 10. ATT-ORD-LUS-31020-Bingo Massage Clinic Adult Performer and Non-Performer Proposed Summary.pdf, 11. ATT-ORD-LUS-31020-Bingo Massage Clinic Adult Performer and Non-Performer Final Summary.pdf, 12. Item #73 Executed BAI

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF THE COUNTY OF SAN BERNARDINO

AND RECORD OF ACTION

 

March 10, 2020

 

FROM

TERRI RAHHAL, Director, Land Use Services Department

LYNNA MONELL, Clerk of the Board of Supervisors

 

SUBJECT                      

Title                     v

Introduction of Ordinances Transferring the License Programs for Bingo, Massage Clinics, Adult Business Performers, and Adult Business Non-Performers from the Clerk of the Board to the Code Enforcement Division of the Land Use Services Department.

End

 

RECOMMENDATION(S)

Recommendation

1.                     Consider proposed ordinance amending Chapter 17 of Division 1 of Title 4 of the County Code relating to licenses for bingo games.

2.                     Make alternations, if necessary, to proposed ordinance.

3.                     Approve introduction of proposed ordinance.

4.                     Read title only of proposed ordinance; waive reading of the entire text and SCHEDULE FOR FINAL ADOPTION ON TUESDAY, MARCH 24, 2020, on the Consent Calendar.

5.                     Consider proposed ordinance amending Chapter 19 of Division 1 of Title 4 of the County Code relating to licenses for massage clinics.

6.                     Make alternations, if necessary, to proposed ordinance.

7.                     Approve introduction of proposed ordinance.

8.                     Read title only of proposed ordinance; waive reading of the entire text and SCHEDULE FOR FINAL ADOPTION ON TUESDAY, MARCH 24, 2020, on the Consent Calendar.

9.                     Consider proposed ordinance amending Chapter 28 of Division 1 of Title 4 of the County Code relating to licenses for adult business performers.

10.                     Make alternations, if necessary, to proposed ordinance.

11.                     Approve introduction of proposed ordinance.

12.                     Read title only of proposed ordinance; waive reading of the entire text and SCHEDULE FOR FINAL ADOPTION ON TUESDAY, MARCH 24, 2020, on the Consent Calendar.

13.                     Consider proposed ordinance amending Chapter 29 of Division 1 of Title 4 of the County Code relating to licenses for adult business non-performers.

14.                     Make alternations, if necessary, to proposed ordinance.

15.                     Approve introduction of proposed ordinance.

16.                     Read title only of proposed ordinance; waive reading of the entire text and SCHEDULE FOR FINAL ADOPTION ON TUESDAY, MARCH 24, 2020, on the Consent Calendar.

(Presenter: Andy Wingert, Code Enforcement Chief, 387-0102)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Promote the Countywide Vision.

Improve County Government Operations.

Operate in a Fiscally-Responsible and Business-Like Manner.

Provide for the Safety, Health and Social Service Needs of County Residents.

 

FINANCIAL IMPACT

Approval of the proposed ordinances, amending County Code, will not result in the use of Discretionary General Funding (Net County Cost). Adequate appropriation to complete this action has been included in the Land Use Services Department (LUS), Code Enforcement Division’s 2019-20 budget.

 

BACKGROUND INFORMATION

The purpose of the proposed ordinances is to transfer the responsibility of licensing bingo games, massage clinics, and the performers and non-performers of adult businesses from the Clerk of the Board to the LUS Code Enforcement Division. Specifically, adoption of these ordinances will amend Chapters 17, 19, 28, and 29 of Division 1 of Title 4 of the County Code.

 

Land Use has already incorporated these licensing activities into their fee ordinance during the 2019-20 fee cycle. However, the Clerk of the Board is still authorized under the County Code to process the applications for licenses for bingo games, massage clinics, and adult business performers and non-performers. Staff recommends the proposed ordinances to align the County Code with the fee ordinance, and to maximize the efficiency and effectiveness of the licensing programs. The Code Enforcement Division has the resources to process license applications and monitor compliance with the requirements of each program.

 

The proposed County Code amendments comport with past transfers of similar licensing programs to the Code Enforcement Division: adult-oriented business licenses (Item No. 75, March 25, 2014), hotel and motel licenses (Item No. 161, May 23, 2017), and rental dwelling unit licenses (Item No. 162, May 23, 2017).

 

In addition to transferring licensing programs to the Code Enforcement Division, the Board of Supervisors, at the request of the Clerk of the Board, has previously taken action to eliminate licensing programs deemed unnecessary, such as licensing for fortune telling, pool and billiard halls, and theaters (Item No. 69, April 7, 2015), or redundant or preempted by state law, such as the licensing for junk dealers, secondhand dealers, pawn brokers, and salvage collectors (Item No. 66, August 25, 2015).

 

PROCUREMENT

N/A

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Kenneth Hardy, Supervising Deputy County Counsel, and John Tubbs II, Deputy County Counsel, 387-5455) on January 9, 2020; Finance (Kathleen Gonzalez, Administrative Analyst III, 387-5412) on February 18, 2020; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on February 20, 2020.