HomeMy WebLinkAbout2011-29 - Amending Newport Beach Municipal Code (“NBMC ") Section 5.04.200 Pertaining to Duplicate License Fees and Deleting NBMC Sections 5.08.040, 5.08.050, 5.08.060, 5.08.070, 5.08.080ORDINANCE NO. 2011 -29
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING NEWPORT BEACH MUNICIPAL CODE ( "NBMC ")
SECTION 5.04.200 PERTAINING TO DUPLICATE LICENSE FEES AND
DELETING NBMC SECTIONS 5.08.040, 5.08.050, 5.08.060, 5.08.070, 5.08.080
WHEREAS, duplicate license fees are cost -of- services fees identified in the Master
Fee Schedule, which updates are approved by the City Council; and
WHEREAS, MGT of America, Inc. studied the cost of services associated with
providing a duplicate business license, and found the cost of services to be $10.00; and
WHEREAS, NBMC Section 5.04.200 identifies a specific fee amount and cannot be
updated concurrently with the Master Fee Schedules; and
WHEREAS, City Council now desire to revise NBMC Section 5.04.200 to reflect the
cost of those services, as updated by the Master Fee Schedule; and
WHEREAS, in the past, bulk vending machines, juke boxes, penny arcade machines,
skill machines and merry go- rounds were regulated because of their potential to be public
nuisances, however, none of these machines have been found to be nuisances; and
WHEREAS, City Council now desires to delete NBMC Sections 5.08.040, 5.08.050,
5.08.060, 5.08.070, 5.08.080 which regulates Coin Machines, Games of Skill or Amusement,
Penny Arcade in the "Fun Zone ", Amusement Business in the "Fun Zone "; and "Merry-go-
round or Similar Devices ".
NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:
SECTION 1: Section 5.04.200, Duplicate License, is hereby amended to read as
foI lows:
A. The Finance Director shall charge a fee as set forth by resolution of the
City Council for each duplicate license issued to replace any license
issued under the provisions of this title, which has been lost or
destroyed, upon reasonable proof thereof.
SECTION 2: Sections 5.08.040 (Coin Machines), 5.08.050 (Games of Skill or
Amusement), 5.08.060 (Penny Arcade in the "Fun Zone "), 5.08.070 (Amusement Business in
the "Fun Zone ") and 5.08.080 (Merry-go -round or Similar Devices) are hereby deleted in their
entirety.
SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
SECTION 4: The City Council finds that this ordinance is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
for resulting in physical change to the environment, directly or indirectly.
SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 22 "d day of November, 2011, and adopted on the 13th day of
December, 2011, by the following vote, to wit:
w
AYES, COUNCILMEMBERS Hill, Rosansky, Gardner,
Selich, Surry, Mayor Henn
NOES, COUNCILMEMBERS Daigle
ABSENT, COUNCILMEMBERS No Y
/ 0 V4e-t�
MICHAEL F. HENN, MAYOR
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
OFFICE OFD CITY &TT,OfZNE�`
AARON HARP, CITY ATTORNEY
LEGISLATIVE DRAFT
Sections 5.04.200, 5.08.040, 5.08.050, 5.08.060, 5.08.070, 5.08.080
5.04.200 Duplicate License.
The Finance Director shall charge a fee as set forth by resolution of the City Council
for each duplicate license issued to replace any license issued under the provisions of this title, which has
been lost or destroyed, upon reasonable proof thereof. (Ord. 1757 § 1 (part), 1977)
�.: l.:.__:: • -
IMMEMPE. -,M
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing ordinance,
being Ordinance No. 2011 -29 was duly and regularly introduced on the 22nd day of November, 2011,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 130 day of December, 2011, and that the same was so passed and adopted by the
following vote, to wit:
Ayes: Hill, Rosansky, Gardner, Selich, Curry, Mayor Henn
Noes: Daigle
Absent: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of December, 2011.
(Seal)
�IANUW�
City Clem
City of Newport Beach,
California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEVhPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2011 -30 has been duly and regularly published according to law and the order of
the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of
general circulation on the following dates:
Introduced Ordinance: November 26, 2011
Adopted Ordinance: December 17, 2011
In witness whereof, I have hereunto subscribed my name this day of � L
2011. 1
", �0t N*--
City Clerk
City of Newport Beach, California