A. The City shall assess a regulatory fee based on the gross sales of fireworks on all fireworks sales that occur within the City of San Bernardino. One half of the regulatory fee shall be paid by the licensee and the remaining one half shall be paid by the fireworks supplier. The purpose of the regulatory fee is to raise sufficient funds for the City to pay for fireworks public education and an awareness campaign about fireworks, and for enforcing the provisions of this Chapter, including extra personnel time for fire inspection and enforcement duties.
B. Prior to imposing the fee, the City shall prepare a study of the anticipated cost for fireworks education, awareness and enforcement. After preparing the study, the Mayor and Common Council shall adopt a Resolution setting the regulatory fee rate no later than 7:00p.m. on July 1 of each year. The regulatory fee rate shall not exceed ten (10) percent ofthe total gross sales of the fireworks sold in the City by licensees during the period set forth in Section 8.60.070(P).
C. The Finance Department, each year, shall determine the amount of the regulatory fee based on the licensee's fireworks sales financial statements. Each licensee shall provide its fireworks sales financial statement and their fireworks supplier's information to the City no later than August 31st for the period set forth in section 8.60.070(P). After the Department of Finance and Management Services receives the financial statements, the Department of Finance and Management Services shall invoice each licensee and each fireworks supplier for their share of the total annual regulatory fee. Payment of the regulatory fee by each licensee and each fireworks supplier shall be due to the City thirty (30) days following the issuance of the invoice.
D. Failure by any licensee or fireworks supplier to pay the amount invoiced by the City's Department of Finance and Management Services shall be cause to disqualify the licensee from obtaining a license to sell fireworks and disqualify the fireworks supplier from providing their products for sale in the City in the future. In the event that the regulatory fee is not paid by the due date, it shall be subject to a ten (10) percent penalty for each month or portion of a month that it is overdue. If not paid by the due date, the amount becomes a debt owed to the City subject to collection by any legal means available.
E. Any person who violates or causes violation of any provision of this Section shall be deemed guilty of an infraction or a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code.
(Ord. MC-1625, 2-21-24; Ord. MC-1390, 7-01-13; Ord. MC-1308, 6-16-09; Ord. MC-1194, 4-04-05)