Azusa Municipal Code Div. 2 Wholesale and Retail Sale Permits

Applications for a retail safe and sane fireworks sale permit shall be in writing and shall contain the following:

(1) The name and address of the applicant organization.

(2) The applicant organizations status as a nonprofit organization.

(3) The date upon which the applicant organization was organized and established and the number of adults who are members of the applicant organization.

(4) The name and addresses of the officers, if any, of the applicant organization along with the names, addresses, and telephone numbers of any officers of the organization.

(5) The location where the applicant organization proposes to sell fireworks along with a letter of authorization signed by the property owner which shall include the property owners mailing address and telephone number.

(6) The location of the applicant organizations principal and permanent meeting place.

(7) The applicant organizations state board of equalization sales tax permit.

(8) The applicant organization shall, at the time of receipt of such permit, deliver to the city a copy of a public liability insurance policy in the amounts of $25,000.00/$50,000.00 and a property damage insurance policy in the amount of $5,000.00 issued to the applicant organization with a rider attached to the policy designating the city as an additional insured thereunder.

(9) Assurance that if the permit is issued to the applicant organization, the applicant organization will use the net proceeds from the sale of fireworks for the promotion of youth activities, veteran, patriotic, civic, or charitable activities within the city.

(10) The applicant organization shall provide a list of all promotional activities for youth, veteran, patriotic, civic, and charitable activities performed with the net proceeds from fireworks sales within the City of Azusa for the previous year, and list proposed expenditures in these areas for the following year. The city may verify any expenditure itemization submitted prior to issuing a permit to sale fireworks. In the event the applicant organization cannot provide the required expenditure itemization, a permit shall be denied.

(11) Falsification of any required application information shall be grounds to deny any future fireworks sales permits to the applicant organization.

(Ord. No. 06-01, § 1, 1-3-06)

(a) Upon the receipt on or before April 1 of each year of a written application thereof, the city manager or his/her designee may, subject to the reduction provided for in subsection (e) below, issue a maximum of 18 "legacy" permits for the sale of safe and sane fireworks to nonprofit associations or corporations organized for veteran, patriotic, youth serving, civic betterment or charitable purposes which continue to:

(1) Support youth programs solely for students of the Azusa Unified School District; or

(2) Meet all of the following:

a. Its principal and permanent meeting place in the city limits; and

b. Been organized and established in the city for a minimum of three years continuously preceding the filing of the application for the permit; and

c. Who meet regularly within the city; and

d. Has submitted all required application information.

(b) Only one permit shall be issued per organization regardless of the number of individual chapters or subgroups associated with the organization, or meeting within the City of Azusa; provided, however, that two permits may be issued to Azusa High School, Gladstone High School, and Azusa Pacific University.

(c) The city manager or his/her designee shall either grant or deny the permit before May 1. If the application for the permit is denied, the applicant organization may appeal to the city council. After such investigation as it deems appropriate, the city council may issue or refuse to issue the permit. If it issues the permit the city council may attach such conditions to the permit as are required for the protection of the public peace or safety.

(d) The decision of the city council upon the application shall be final.

(e) The 18 legacy permits issued for fireworks sales in July 2011 shall be deemed permits on the "legacy permit list." If in any subsequent year any permittee on the "legacy permit list" does not apply for or receive a sale permit pursuant to this section 30-132 then the maximum number of permits as set forth in subsection (a) herein shall be reduced by the number of permittees that do not re-apply and the permittee(s) shall be removed from the "legacy permit list." Retail sales permits are to be held by the applicant organization only and are not transferable or subject to assignment for any reason whatsoever.

(Ord. No. 06-01, § 1, 1-3-06; Ord. No. 12-O2, § 2, 5-21-12)

(a) If, in the opinion of the city manager or his/her designee, the construction of a temporary fireworks stand or the operation and maintenance of the stand does not conform to this article, any peace officer may order that the stand be immediately closed.

(b) If a permittee fails to comply with this article or with the orders of the fire department, building division, or any peace officer, that fact shall constitute sufficient grounds for the denial in any subsequent year of any application by that organization for a permit to sell fireworks.

(Ord. No. 06-01, § 1, 1-3-06)

(a) Notwithstanding the limitation of 18 legacy permits for the sale of safe and sane fireworks to the organizations and groups described in subsection (a) of section 30-133, the city council may also "transitional" permits. The maximum number of transitional permits that may be issued shall be equal to the difference between 23 and the total number of then existing legacy permits, in accordance with the requirements set forth below:

(1) On or before June 4, 2012 and each May 1st of every year thereafter, the city council shall, by resolution, determine the number of transitional permits to be issued in that year and the deadline for submittal of applications. In no event shall the number of transitional permits exceed the difference between 23 and the total number of then existing legacy permits.

(2) Upon the receipt, on or before the deadline established by resolution of the city council, of a written application thereof, the city manager or his/her designee may issue the maximum number of transitional permits authorized in that year to additional nonprofit associations or corporations described in subsection (a) of section 30-133 or to other groups that provide services to active or reserve military personnel and/or their families that are based in the City of Azusa (i.e. have their principal and permanent meeting place in the city limits.).

(3) If more applications are received than transitional permits available, the city manager shall award transitional permits according to the following priority criteria:

a. First priority shall be granted to non-profit associations or corporations who use proceeds from the sale of safe and sane fireworks to exclusively benefit youth groups and activities for youth in the city.

b. Second priority shall be granted to non-profit associations or corporations who use proceeds from the sale of safe and sane fireworks to benefit organizations in the city that are organized primarily for veteran and military personnel, patriotic, welfare, civic betterment or charitable purposes; and

c. Third priority shall be granted to unincorporated groups who use proceeds from the sale of safe and sane fireworks to benefit active or reserve military personnel and/or their families that are based in the City of Azusa (i.e. have their principal and permanent meeting place in the city limits).

(b) Where more applicants meet the priority criteria than the available number of transitional permits, the city manager shall be allowed to choose based upon random selection.

(c) Existing legacy permittees shall not be allowed to apply for transitional permits.

(Ord. No. 12-O2, § 3, 5-21-12)

(a) The permit required in this division shall authorize the sale of safe and sane fireworks beginning at 12:00 noon on July 1 and ending at 10:00 p.m. on July 4. No person shall sell a safe and sane firework at any other time than those times authorized herein.

(b) The permit shall authorize the sale of safe and sane fireworks only from the temporary stand erected at the location specified in the application. Each applicant shall be limited to one permit a year, and each permit shall be limited to one stand, except as provided in section 30-132(b).

(Ord. No. 06-01, § 1, 1-3-06)

(a) Except as provided herein, no manufacturer, importer, exporter or wholesaler of fireworks shall offer for sale or sell at wholesale any fireworks of any kind without having first applied for and received a wholesale permit therefore, from the city's business license officer and paid the annual regulatory fee amount described in subsection (c) below. All applications for a wholesale permit to sell shall:

(1) Be made in writing, accompanied by a fee established by resolution of the city council.

(2) Be submitted to the city only between the 1st day of April and the 30th day of April each calendar year.

(3) Be accompanied by an assurance that if the wholesale permit is issued to the applicant, the applicant shall, at the time of receipt of such wholesale permit, deliver to the business license officer of the city evidence of general commercial liability and property damage insurance in the form of certificates with riders or endorsements designating the city and its employees, officials and agents as additional insured.

(4) Contain such other information as may be required by the business license officer.

(5) Contain a statement that safe and sane fireworks shall not be furnished, sold, distributed or placed in the possession of any person or organization in the city, or for sale, use or distribution in the city, unless such person or organization holds a valid and unrevoked permit from the city to so possess sell, use or distribute such.

(b) Upon issuance of a wholesale permit the permittee shall deposit with the city a security deposit of $500.00 for each retail sales stand it will construct in the city. The security deposit shall be returned in full provided that each stand is removed on or before July 7 at 5:00 p.m. For each day past the deadline the permittee shall forfeit $100.00 per day, per stand. The failure to timely remove stands may be used as grounds to deny a future wholesaler application.

(c) The city shall also assess a regulatory fee to pay for the cost of processing and issuing permits under this article; the inspection of stands; a public education and awareness campaign; enforcing the provisions of this chapter, including personnel time; and clean-up of the trash and debris left behind each year. The regulatory fee shall be paid by the manufacturer, importer, exporter or wholesaler of fireworks sold in the city in proportion to the number of stands constructed in the city. The regulatory fee shall be established on a yearly basis by separate resolution of the city council.

(Ord. No. 06-01, § 1, 1-3-06)

(a) Whenever a peace officer charged with the enforcement of any provision of the Municipal Code determines that a violation of this article has occurred, the peace officer shall have the authority to issue an administrative citation to any person responsible for the violation.

(b) Whenever a peace officer charged with the enforcement of this article determines that a violation of the article has occurred, the peace officer may issue an administrative citation for each violation found to have occurred.

(c) Citations issued pursuant to this article shall carry administrative fines as follows:

(1) $1,000.00 for the first violation of section 30-102 involving the discharge of illegal fireworks to any person or property address.

(2) $2,000.00 for the second violation of section 30-102 involving the discharge of illegal fireworks and issued to any person or property address within five years of the first violation.

(3) $5,000.00 for the third violation of section 30-102 involving the discharge of illegal fireworks and issued to any person or property address within five years of the first violation.

(4) $5,000.00 for any subsequent and consecutive violation of section 30-102 involving the discharge of illegal fireworks and issued to the same person or property address as the administrative citation issued the prior year beyond the fifth year.

(5) $250.00 for the first violation and $500.00 for all subsequent violations of any other provision of this article.

(Ord. No. 06-01, § 1, 1-3-06; Ord. No. 13-02, § 2, 10-7-13; Ord. No. 2021-03, § 2, 6-7-21)