Blythe Municipal Code Ch. 8.38 Sale of Fireworks

In addition to the rules, regulations and requirements relative to the manufacture, possession, transportation, display, sale, storage, use or discharge of "Dangerous Fireworks and Safe and Sane Fireworks" set forth or referred to in Part 2 of Division 11 of the Health and Safety Code of the state (California Health and Safety Code Sections 12500, et seq.) as same now exist or may hereafter be amended, the following rules, regulations and requirements are promulgated and established. The definitions contained in Part 2 of Division 11 of the Health and Safety Code shall be a part of this chapter and are incorporated herein by this reference.

(Ord. 757 (part), 1999)

A. For purposes of this chapter, "fraternal organization" means any bona fide nonprofit club, society or association, organized or incorporated for civic, community service, benevolent, patriotic or charitable purposes, and having obtained a nonprofit status with either the California Franchise Tax Board or the Internal Revenue Service and may have its principal place of business in the United States of America.

B. Such "fraternal organization" shall have "an established local Blythe membership." "Local Blythe membership," as used in this section, means local membership consisting of juvenile or adult persons who are either:

1. Blythe residents; or

2. Employed in Blythe; or

3. Owners or operators of a business or other establishment located in Blythe.

(Ord. 757 (part), 1999)

Licenses for the sale of safe and sane fireworks shall be issued only to fraternal organizations, and such fireworks shall be sold only at the outdoor sales stands, as more specifically set forth hereinafter. Nothing contained herein shall limit or preclude such fraternal organization from employing persons or otherwise contracting with persons to carry out the rights and powers provided them under their license as described herein and subject to the requirements of this chapter. No more than four such licenses shall be issued and outstanding at any time. All applications for such licenses shall be filed with the city clerk on or before June 15th of each year, containing a detailed statement of each and every kind of fireworks proposed to be sold under the license, the location of the proposed outdoor sales stand, the type of construction of the stand, the dates and hours that the applicant proposes the stand be open, the plans for staffing the stand during those days and hours, the names, addresses and telephone numbers of employees and/or contractors involved, a description of the youth activities to be provided, a signed agreement to provide the city with a full accounting of all funds spent on youth activities and such other information as the city manager shall reasonably require in order to assist the city council in evaluating the application.

(Ord. 757 (part), 1999)

A. Sales permit shall be granted only to fraternal organizations which agree that the net profit from the sales shall be utilized only for youth activities in accordance with the provisions and requirements shall apply:

1. At least seventy-five percent of the youth participation benefitting from such activities shall be residents of the city of Blythe.

2. Each permit application shall contain a detailed statement of the youth activities for which the applicant proposes to use such net profits and the manner of such use.

3. No part of the net profits shall be disbursed to other governmental agencies or entities as a gift or contribution.

4. Except for organizations whose primary purpose is youth service, such net profit shall be expended for new programs or the expansion of existing programs, and shall not be used as replacement income for funds previously raised by the organization through other methods of fund raising. An organization shall be deemed to have a primary purpose of youth service if ninety percent or more of its budget is spent for youth service activities.

B. The fraternal organizations granted licenses shall provide the City at the end of each calendar year a statement indicating what moneys were received and how such funds were spent. The fraternal organization shall further provide the city with an agreement to provide such financial information as the city might reasonable deem necessary to indicate what monies were received and how such money was spent pursuant to this chapter.

(Ord. 757 (part), 1999)

Each permit application shall be accompanied by an application fee of ten dollars, which shall not be refundable. The application shall contain, in addition to all other information required by this chapter, the following information:

A. A statement of the number and residency of the members of the applicant organization, which statement shall be certified as to accuracy by an officer of the applicant organization;

B. A statement of the number of youth to be served by the applicant and the residency of such youth;

C. A statement certifying that the applicant organization agrees to all terms and conditions of the license and this chapter.

(Ord. 757 (part), 1999)

A. Upon receipt of any application for any permit for the sale of fireworks from any outdoor stand, the city clerk shall promptly refer the application to the city manager for his consideration, report and recommendations thereon. The city manager shall cause the application to be checked for compliance with applicable law and other provisions of this code. Such report, when ready, shall be filed with the city clerk for submission to the city council.

B. Upon considering any such application, the city council may either grant or deny the application or may take it under further advisement or order further reference thereof to any department of the city for further port, in its discretion.

C. Applicant organizations shall file a statement agreeing that all profits will be utilized in accordance with the requirements of Section 8.38.040, and, if such organization has previously received a firework permit, that all previous receipts have been so expended.

D. No applicant for any such outdoor stand or any other person, firm or corporation shall commence to erect or make any preparation to erect, whether by deposit of material or otherwise, any such outdoor stand unless and until:

1. The council has finally approved the application and authorized the issuance of permit therefor, as herein required;

2. The authorized permittee has obtained a temporary building permit from the building department of the city for the erection of such temporary outdoor stand; and

3. Has obtained a temporary permit for the installation by a duly licensed electrical contractor of any electrical installations in, at or about such outdoor stand; provided, however, that if the permittee does not, and certifies to the building inspector in writing that any such outdoor stand will not be open for business after one-half hour after sunset of any day, such electrical permit shall not be required.

E. No such outdoor stand, or any part thereof, shall be located at any point nearer than one hundred fifty feet measured in a straight line from the nearest line of any lot or parcel of land upon which any gasoline or oil station is located. In all cases, all such outdoor stands shall be located in such places that are least likely to catch fire or communicate fire to adjacent or nearby properties, and at least five feet inside the property line, and all such location shall be subject to the approval of the city's fire chief or his authorized representative. It shall be the duty of each such permittee and of all persons engaged in or about the storage or sale of fireworks at any such outdoor stand to comply with the reasonable orders and directions of the city's fire chief or his authorized representative, and to remove from the immediate vicinity of any such outdoor stand any and all combustible materials and growths and weeds, grass or other plantings which are apt to become ignited in case of fire.

F. No minor under the age of eighteen years shall be permitted to be in charge of or to make sales of or to otherwise be concerned with the handling of fireworks in or from any such stand; provided, however, that nothing herein contained shall be construed as preventing the sale to minors in the ordinary course of business of such fireworks from such stands.

G. All displays and stocks of fireworks in or at any such stand shall be stored and displayed in such manner as to be difficult of access to or by the general public, and each such stand shall be equipped with at least a two and one-half gallon soda and acid type fire extinguisher in good and immediate use, for each fifteen feet of counter space or fraction (over three feet) thereof, and such other first aid fire fighting equipment as required by the city's fire chief.

H. Each such stand and all materials used in or about the same shall be completely removed before midnight of the twelfth of July of the year in which same was erected, and the site restored as nearly as reasonably possible to the same condition as that in which it existed immediately prior to the erection of such stand. It shall be the duty of the permittee to make such removal within that time.

(Ord. 757 (part), 1999)

It is unlawful for any person, firm or corporation to discharge any fireworks in any area of the city on any days except the 3rd, 4th and 5th of July of each year unless authorized in writing by the city council.

(Ord. 757 (part), 1999)

It shall be the responsibility of each recipient of a permit under this chapter to comply with the following requirements:

A. There shall be included with each sale of fireworks a "flyer" notifying the purchaser of the restriction established by Section 8.38.070. The city shall be furnished with a copy of the flyer, in advance, which shall be reproduced by and at the expense of the permittee.

B. Large visible posters shall be erected at the point of sale of the fireworks to notify purchasers of the restriction established by Section 8.38.070. The city shall provide the posters, which shall be returned to the city after use.

(Ord. 757 (part), 1999)

A. Notwithstanding any other provision of this chapter, the city council, in its discretion, may grant permits for public displays of fireworks under the supervision of the city's fire chief. Applications for such permits shall be filed with the city clerk's office and the fire chief not less than ten days before such public display and shall be accompanied by a detailed statement of the items of such proposed displayed.

B. If such permit is granted, no items shall be displayed except as are contained in such statement and the city council may in granting such permit eliminate from the statement such items as it deems hazardous and it is unlawful for the grantee of such permit to exhibit or display such eliminated items. Such public display shall be under the supervision of the city's fire chief and/or such persons as he shall designate and authorize. The fee for such permit shall be one hundred dollars for each display; provided, however, that the city council may waive or reduce such fee, in its discretion, where the application is made by a fraternal organization or service club. Such display and/or displays shall be held at such place and time as designated in the permit.

(Ord. 757 (part), 1999)

Any person violating or failing to comply with any provision of this chapter or any of the rules and regulations herein above set forth and adopted, or who fails or refuses to perform any duty prescribed herein to be performed by him is guilty of an infraction.

(Ord. 757 (part), 1999)

The provisions of this chapter are supplementary to the provisions of the Fire Code of the County of Riverside. In case of direct conflict between the provisions of the Fire Code of the county, and the provisions of this chapter, the provisions of this chapter shall prevail. Except with respect to such direct conflict, the provisions of the Fire Code of the Riverside County shall remain in full force and effect.

(Ord. 757 (part), 1999)