HomeMy WebLinkAboutORD 1308 (2005)
ORDINANCE NO. 1308
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADDING CHAPTER 8
REGARDING PROSPECTIVE CONCESSIONAIRES TO
ARTICLE 7 OF THE TUSTIN CITY CODE.
THE CITY COUNCIL OF THE CITY OF TUSTIN HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Chapter 8 is hereby added to Article 7 of the Tustin City Code to
read as follows:
CHAPTER 8
PROSPECTIVE CONCESSIONAIRES
7800
7801
7802
7803
PURPOSE
DEFINITIONS
CITY MANAGER'S AUTHORITY TO REQUIRE FINGERPRINTS
SECURITY OF INFORMATION OBTAINED
7800
PURPOSE
The purpose of this Chapter Is to enable the City to access State criminal history
Information pertaining to criminal convictions, and arrests, where the person is awaiting
trial, In order to ensure that criminal corrupt influences do not have or gain control of
businesses that are proposed to be conducted on publicly owned or leased land through
a City concession, lease, license, or the granting of any other property rights for the use
of the land.
7801
DEFINITIONS
For the purpose of this Chapter, the following words and phrases shall have the
following meanings, unless the context of the sentence In which they are used Indicates
otherwise:
"City" means the City of Tustin.
"City Manage" means the City Manager of the City.
"Prospective Concessionaire" means any Individual, general or limited partnership,
corporation, trust, association, or other entity, including their affiliates and associates,
that is applying for, or seeking to obtain, the City's consent to, or approval of, the
Ordinance No. 1308
Page 1013
acquisition by that Individual or entity of any beneficial Interest in a City concession,
lease, license or other property right, whether directly or Indirectly held.
7802
CITY MANAGER'S AUTHORITY TO REQUIRE FINGERPRINTS
Upon written request of the City Manager, a Prospective Concessionaire shall submit
fingerprints to the City so that the City may obtain State criminal conviction and arrest
information, as described in California Penal Code Section 11105.2, in order to screen
Prospective Concessionaire, who has applied for the acquisition of beneficial interest in
a City concession, lease, license or other property Interest. Where the Prospective
concessionaire is an entity, individuals who are the officers, partners, owners,
managers, managing members of the entity, or who are authorized to sign contracts on
behalf of entities who are partners or members of the Prospective Concessionaire shall
submit their fingerprints to the City as directed by the City, Manager.
7803
SECURITY OF INFORMATION OBTAINED
The City shall adhere to the requirements of Penal Code Section 11105.02, including
the confidentiality of and disposition of criminal history information obtained from the
State Department of Justice.
SECTION 2. If any section, subsection, subdivision. paragraph, sentence,
clause or phrase in this Ordinance or any part thereof Is for any reason, held to be
unconstitutional or Invalid, or Ineffective by any court of competent jurisdiction such
decision shall not affect the validity of effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council hereby declares that it would have
passed this Ordinance and each section, subsection, subdivision, sentence, clause and
phrase thereof, Irrespective of the fact that anyone or more sections, subsections,
subdivisions, sentences, clauses or phrases be declared unconstitutional.
SECTION 3. PASSED AND ADOPTED by the City Council of the City of
T"~;,,. " , "'9"'" meell", 0.. the 17th d,y ot O~f~
LOU BONE
Mayor
Ordinance No. 1308
Page 2 013
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF TUSTIN )
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1308 was
duly and regularly introduced at a regular meeting of the Tustin City Council, held on the
3rd day of October, 2005 and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the 17th day of October, 2005 by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA (5)
NONE (0)
NONE
NONE
(0)
(0)
~J;r
PAMELA STOKER
CITY CLERK
Ordinance No. 1308
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