Brawley Municipal Code Art. IV Sale and Use of Safe and Sane Fireworks During the Fourth of July Period

Notwithstanding any provisions of this chapter to the contrary, the possession of safe and sane fireworks shall be lawful during the period of 12:00 noon on June 28 through 12:00 noon on July 6 of the same calendar year; provided, however, that it shall be unlawful to possess any modified or altered safe and sane firework. It shall be unlawful to use or discharge any safe and sane fireworks except between the hours of 9:00 A.M. and 11:00 P.M. on the days on which said safe and sane fireworks may be possessed.

(Ord. No. 2015-02, § 2, 2-17-2015)

Notwithstanding any provisions of this chapter to the contrary, the possession and retail sale to the public of safe and sane fireworks is permitted between 12:00 noon and 10:00 P.M. on June 28 of each year and from 9:00 A.M. through 10:00 P.M. on June 29 through the July 4 of the same calendar year, by those nonprofit organizations possessing a current firework sales permit.

(Ord. No. 2015-02, § 2, 2-17-2015)

(a) Submission of applications by qualified applicants.

1. No nonprofit organization shall submit more than one application for a fireworks sales permit. If the city receives two or more applications containing the same tax identification number, only one application shall be accepted.

2. Each application will be screened by the fire chief to determine if the nonprofit organization submitting it meets the criteria to be classified as a "qualified applicant."

(b) Every application for a fireworks sales permit shall be accompanied by a nonrefundable application fee to be determined.

(c) All applications for fireworks sales permits shall be submitted in writing to the city clerk on forms supplied by the city. Applications may be filed from January 1 through February 1, inclusive. Applications filed before or after these periods will not be accepted.

1. If there are more qualified applicants than the maximum number of fireworks sales permits available, then the fire chief shall conduct a random drawing to determine to whom the available fireworks sales permits shall be issued.

The drawing shall occur on March 15 of each year, or the first day of business thereafter should March 15 fall on a non-business day. Those qualified applicants, which have been successful in being awarded a fireworks sales permit, shall have up to and including May 1 to submit all information required by section 19H.13(d) and to pay the permit fee required by section 19H.13(d)(3).

2. Applications for fireworks sales permits will be reviewed by the fire department, police department and the city clerk, as needed, pursuant to this chapter. Fireworks sales permits shall be issued by the fire chief.

(Ord. No. 2015-02, § 2, 2-17-2015)

(a) Each fireworks sales permit recipient may operate only one fireworks stand. The maximum number of fireworks sales permits which may be issued during any one calendar year shall be no grader than five.

(b) Other provisions regarding fireworks sales permit applications.

1. After the maximum number of fireworks sales permit recipients has been chosen, the remaining qualified applicants shall be drawn and assigned as alternates according to the order drawn. Each alternate, according to the order drawn, shall be offered a fireworks sales permit if one of the original permittees fails to meet the requirements of this chapter, or if a permittee voluntarily surrenders its fireworks sales permit, or if a fireworks sales permit is revoked.

2. Two or more eligible nonprofit organizations may jointly submit an application pursuant to this chapter and may receive a single fireworks sales permit to jointly sell fireworks, provided that each must be a qualified applicant. Fireworks sales permit recipients may select one or more other qualified applicants to join it in a joint venture operation of the fireworks stand, provided that any such joint venture must have been a qualified applicant that applied unsuccessfully for a fireworks sales permit that same year.

3. Fireworks sales permits are valid only during the calendar year issued.

(c) Each nonprofit organization receiving a fireworks sales permit must have a least one representative attend a fireworks stand operator safety seminar, approved by the fire chief, for the same year in which the fireworks sales permit is issued. Failure of a nonprofit organization to attend the seminar shall result in the revocation of the fireworks sales permit.

(d) Subsequent to selection for issuance of fireworks sales permit, but prior to the issuance of a fireworks sales permit, and in addition to those other requirements set forth in this chapter or on the permit application, each permittee shall provide or demonstrate compliance with all of the following:

1. A copy of the permittee's retail sales permit issued by the office of the California state fire marshal.

2. A copy of the permittee's California state board of equalization temporary sales tax permit.

3. Payment of a permit fee in an amount to be determined. This fee is in addition to the application fee paid pursuant to section 19H.12(b) for the submission of the application.

4. Insurance coverage as required by the provisions of section 19H.9, provided that the limits of liability required by that section shall be one million dollars, combined single limits.

(Ord. No. 2015-02, § 2, 2-17-2015)

(a) After conducting an investigation and preparing a report consistent with Health and Safety Code section 12640 et seq., the fire chief shall issue a fireworks sales permit to qualified applicants chosen pursuant to section 19H.12 unless:

The fire chief finds, in writing, that the applicant has failed to provide sufficient plans, information or data necessary to permit a determination respecting compliance with the requirements of this chapter.

The fire chief finds, in writing, that the applicant is not in compliance with any of the requirements of this chapter.

(b) Any denial of a fireworks sales permit application or revocation of a permit to sell fireworks issued pursuant to the Fireworks Code may be appealed to the city council consistent with Health and Safety Code section 12647 within ten days in writing.

(Ord. No. 2015-02, § 2, 2-17-2015)

(a) All retail sales of safe and sane fireworks shall be permitted from within a temporary fireworks stand only. The retail sale of fireworks from any other building or structure is prohibited.

(b) No fireworks stand may be erected before June 23, or by any person not affiliated with a nonprofit organization to which a fireworks sales permit has been issued.

(c) Fireworks stands must be located on lots that have an all-weather surface and adequate off-street parking to meet the requirement of any existing use or uses as well as the fireworks stand.

(d) Fireworks stands are permitted only in the following zoning districts, as defined and delineated in the Brawley City Code:

1. Neighborhood Commercial (C1)

2. Medium Commercial (C2)

3. Heavy Commercial (C3)

4. Light Manufacturing (M1)

5. Heavy Manufacturing (M2)

(e) Each fireworks stand must post each of the following in a prominent place inside the fireworks stand:

1. Fireworks sales permit.

2. California state board of equalization temporary sales tax permit.

3. California state fire marshal retail sales permit.

4. Proof of insurance.

(f) Fireworks stands shall not be located closer than three hundred feet apart, unless separated by a major arterial roadway.

(g) Fireworks stands shall comply with current National Fire Protection Association standard NFPA 1124 for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles.

(h) Fireworks stands shall not be located within twenty-five feet of any other building or structure.

(i) No fireworks shall be located within one hundred feet of a location where gasoline or any other flammable liquids are stored or dispensed.

(j) Electrical wiring within a fireworks stand is prohibited.

(k) Lighting on or in fireworks stands shall consist of battery-powered lighting only.

(l) Each fireworks stand shall comply with fire prevention standards as adopted and enforced by the fire chief.

(m) All fireworks stands shall be inspected and approved by the fire chief prior to the sale of any fireworks.

(n) All weeds or other vegetation, and combustible material shall be cleared from the location of the fireworks stand to at least a twenty-five-foot radius surrounding the fireworks stand.

(o) No fireworks stand shall have a floor area in excess of five hundred square feet or a length greater than fifty feet.

(p) Each fireworks stand shall have at least two exits. Each fireworks stand in excess of forty feet in length shall have at least three exits, equally spaced. In no case shall the distance between exits required by this section exceed twenty feet. Exit doors shall be not less than twenty-four inches wide, six feet in height and must open in the direction of exit travel.

(q) "NO SMOKING" signs shall be prominently displayed on all sides of the fireworks stand. Smoking is prohibited within fifty feet any fireworks stand.

(r) Each fireworks stand shall have two, currently certified, two and one-half gallon pressurized water type fire extinguishers in good working order that are easily accessible in case of fire.

(s) Each fireworks stand must have an adult in attendance and in charge thereof when the fireworks stand is open to the public for sale or dispensing of fireworks and when fireworks are being delivered to, or taken from, the fireworks stand.

(t) No person may remain inside the fireworks stand after close of business.

(u) When the fireworks stand is not being used for the sale and/or display of fireworks, all fireworks shall be stored in a manner consistent with one of the following:

1. Within a reinforced, heavy metal, fully-enclosed container, a walk-in type drop box, or equivalent, as approved by the fire chief.

2. Returned daily to a fireworks wholesaler for storage at an approved and properly zoned location.

(v) No fuel-powered generator or similar equipment shall be allowed within fifty feet of a fireworks stand.

(w) No person other than individuals who are bona fide members of the nonprofit organization which holds the fireworks sales permit, and/or joint venture nonprofit organization(s), or the spouses, registered domestic partners, parents or adult children of such members, shall sell or otherwise participate in the sale of fireworks.

(x) No minor (defined as any person under the age of eighteen years) shall sell or participate in the sale of safe and sane fireworks or handle any fireworks.

(y) Drinking or possession of alcoholic beverages in a fireworks stand or within one hundred feet of a fireworks stand is prohibited, except within a permanent business establishment unaffiliated with the fireworks stand and which preexisted the fireworks stand.

(z) No person shall be paid any consideration by the permittee or any fireworks wholesaler for selling or otherwise participating in the sale of safe and sane fireworks. Notwithstanding the foregoing, compensation may be paid for licensed security personnel and to any person permitting or leasing the location of the fireworks stand on its property as a payment for such permit or lease.

(aa) All fireworks shall be retained at the fireworks stand. In no event shall unsold fireworks be removed from the approved location to any other place without written approval of the fire chief. This provision shall not apply to the storage of fireworks pursuant to subsection (u)(2) of this section.

(bb) All unsold stocks of fireworks in the hands of the permittee after 10:00 P.M. on the July 4 shall be returned to the fireworks wholesaler by 12:00 P.M. on July 6 of the same calendar year.

(cc) No later than July 10 of each calendar year, each fireworks stand shall be completely removed and the premises upon which it was located shall be cleared of all debris and restored to the condition it was n prior to the establishment of the fireworks stand.

(dd) Fireworks stands shall be permitted to have no more than two double-sided signs with a maximum area of sixty-four square feet per side. All such signs shall be located on the same site as the fireworks stand they identify or advertise. Signs may not be placed in such a manner as to interrupt the normal flow of vehicle or pedestrian traffic or to cause any sight distance problems for such traffic. Placement of such signs shall be subject to the review and approval of the fire chief, the community development department and the police department. In no case shall the sign placement interfere with traffic or any other safety related concern. The above-described signs may be displayed from June 2 through the end of the sales day on July 4.

(Ord. No. 2015-02, § 2, 2-17-2015)

It is unlawful to sell fireworks to minors.

(Ord. No. 2015-02, § 2, 2-17-2015)

On or before November 1 of any year during which a nonprofit organization received a fireworks sales permit, the nonprofit organization shall submit to the city clerk a financial statement prepared by its treasurer, or an officer of the nonprofit organization, setting forth:

1. A copy of the most recent report filed by the nonprofit organization with the state board of equalization.

The filing of such statement shall be a condition precedent to the granting of any subsequent fireworks sales permit.

(Ord. No. 2015-02, § 2, 2-17-2015)

(a) The fire chief may revoke the fireworks sales permit of any permittee who violates any of the provisions of this chapter. If the revocation occurs between June 22 and July 5, the fire chief shall inform the permittee that it may seek review of the decision by the city manager on the next business day. The decision of the city manager shall be final.

(b) Any permittee whose fireworks sales permit has been revoked shall be barred from receiving a future fireworks sales permit under this chapter or under any subsequent ordinance establishing a fireworks sales permit for up to three years from the date of the revocation.

(Ord. No. 2015-02, § 2, 2-17-2015)

It shall be unlawful for any person to ignite, discharge, project or otherwise fire or use any safe and sane fireworks, upon or over or onto the property of another without his/her consent, or to ignite, discharge, project or otherwise fire or make use of any safe and sane fireworks within ten feet of any residence, dwelling or other structure used as a place of habitation by human beings.

1. It shall be unlawful to discharge fireworks of any type on city property, including, but not limited to, parks, recreation areas or parking lots. Discharge on a city street in a residential zone is permitted so long as it does not impede traffic, except that discharge shall not be permitted on the following streets: State Routes 78, 86 and 111.

2. Notwithstanding the foregoing, it shall be lawful to discharge fireworks in any portion of any city park that is officially designated by the fire chief as a fireworks discharge area.

(Ord. No. 2015-02, § 2, 2-17-2015)

(a) It is unlawful for minors to sell, purchase, possess, use or discharge fireworks of any type; provided, however, that minors under the direct supervision of their parent, guardian or other adult person having care, custody or control of said minor may possess and discharge safe and sane fireworks during the times and in the manner that such discharge is permitted by this chapter.

(b) It shall be unlawful for any person having the care, custody or control of a minor to permit said minor to discharge, explode, fire or set off any dangerous fireworks, at any time, or to permit such minor to discharge or set off any safe and sane fireworks unless said minor does so under the direct supervision of a person over eighteen years of age and during the hours and on the days permitted by this chapter.

(Ord. No. 2015-02, § 2, 2-17-2015)

The fire chief or police chief may seize, take, remove or cause to be removed, at the expense of the holder of a fireworks sales permitee or licensed fireworks wholesaler, all stock of fireworks offered or exposed for sale, stored or held in violation of this chapter when such violation creates an imminent danger and a grave threat to public health or safety. The official removing such fireworks shall immediately provide written notice to the owner thereof, and shall provide an opportunity within twenty hours to be heard with respect to such seizure.

In the event the violation does not pose imminent danger and a grave threat, the fire chief or police chief shall provide written notice and an opportunity to be heard prior to any seizure.

(Ord. No. 2015-02, § 2, 2-17-2015)

Each fireworks wholesaler supplying one or more permittees under this article shall annually submit a public education plan to the fire chief no later than 5:00 P.M. on June 1. Said public education plan shall outline the public safety and education efforts for that year that have been initiated, supported and/or delivered, by each fireworks wholesaler within the city.

(Ord. No. 2015-02, § 2, 2-17-2015)