Loading...
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 Page 3 of 3