Ceres Municipal Code Ch. 20 Fireworks Sales

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Applicant means the person that files an application for a permit.

Dangerous fireworks has the same meaning as that term is defined by Health and Safety Code section 12505.

Fire Chief means the Fire Chief or designated representative.

Fireworks sales booth means the booth, stand, or other approved temporary structure used for the purpose of selling safe and sane fireworks.

Local nonprofit organization means a nonprofit organization that:

1. Has a primary meeting place within the official sphere of influence of the City of Ceres, as approved by the Local Agency Formation Commission;

2. Has been organized and established within the City of Ceres' sphere of influence for a minimum of one continuous year preceding the filing of the application for a permit; and

3. Has a bona fide membership of at least ten members who reside in the City of Ceres.

Nonprofit organization means any nonprofit association or corporation organized primarily for veteran, patriotic, welfare, religious, civic betterment or charitable purposes, which has been issued a tax exempt certificate as required under the California Revenue and Taxation Code or a group that is an integral part of a recognized national organization having such a tax exempt status.

Owner-occupant means the record owner of real property as listed in the most current equalized assessment roll as maintained by the Stanislaus County Assessor.

Permit means a permit for the sale of safe and sane fireworks issued pursuant to section 5.20.030.

Permittee means a local nonprofit organization that has received a permit for the sale of safe and sane fireworks.

Responsible party means any person with an ownership interest or right of possession of the real property where unpermitted fireworks are possessed, sold, used, manufactured or discharged, including, but not limited to:

1. Any owner-occupant.

2. Any lessee, subtenant, licensee, or other person having possessory control over a property, structure, or parcel of land.

3. Any person that organizes, supervises, officiates, conducts, or controls the gathering or any other person accepting responsibility for such a gathering.

Safe and sane fireworks has the same meaning as that term is defined by California Health and Safety Code section 12529. All safe and sane fireworks shall be approved by the California Fire Marshal and labeled as safe and sane.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Permits shall only be issued for the sale of safe and sane fireworks.

B. The total number of sales permits issued in any given year shall be limited to one permit per each 2,500 residents, or portion thereof, of the City.

C. Permits for the sale of safe and sane fireworks under the provisions of this chapter shall be issued only to local nonprofit organizations.

D. A local nonprofit organization shall be limited to a maximum of one permit.

E. A permit is not transferable. The permit may be used only by the permittee to whom it is issued for the purpose of operating a single fireworks sales booth at the approved location as indicated on the permit.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Fire Chief shall cause to be prepared a standard application for a permit. In addition to the requirements of section 5.02.010 the permit application shall include all of the following:

1. Proper identification and signature of the applicant.

2. A proposed location of the fireworks sales booth that includes the nine digit accessor's parcel number of the Stanislaus County Assessor.

3. Proof of safety training.

4. A site plan for the fireworks sales booth.

5. The written consent of the owner of the property upon which the proposed fireworks sales booth will be located.

6. A nonrefundable applicable fee as established by resolution of the City Council pursuant to Section 9.30.120.

7. Any other reasonable information that the Fire Chief may deem necessary to properly implement and administer the provisions of this chapter.

B. Applications shall be submitted during normal business hours from April 15 through June 15 of the same year.

C. All applications shall be submitted to the Fire Chief on or before June 15 of each year. Each application must be complete and contain all required information. Any application that is not properly completed and submitted to the office of the Fire Chief by 5:00 p.m. on June 15 will not be considered.

D. The Fire Chief or his or her designee shall review all submitted applications, and may consult with the Departments of Public Works, Engineering Services, and Community Development to ensure that the proposed location meets existing zoning regulations and does not create pedestrian or vehicular traffic hazards.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Fire Chief or his or her designee shall issue a permit to each qualified applicant who has submitted a timely completed application, unless the number of qualified applicants exceed the number of available permits. Each permittee shall comply with all of the provisions of this chapter and such rules and regulations as may be established by the Fire Chief pursuant to the authority granted in section 5.20.090 of this chapter.

B. If the number of qualified applicants exceed the number of available permits specified in subsection 5.20.020.B, the Fire Chief shall hold a lottery to award permits. The lottery shall be held on the next business following last day of the filing period specified in section 5.20.030. The lottery shall include the names of all qualified applicants.

C. Permits shall be issued subject to a final inspection of an applicant's fireworks sales booth pursuant to section 5.20.050.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. A permittee shall not allow any person other than the individuals who are members of the permittee organization, their spouses or adult children, or volunteers to whom no compensation is paid, to sell, operate, or otherwise participate in the sale or profits of fireworks at a fireworks sales booth.

B. A permittee shall not pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such booth, except the hiring of a night watchman or security officer.

C. A fireworks sales booth shall not be set up before an application for permit has been approved, and no earlier than June 14.

D. A copy of the City permit, Fire Department permit, and State license shall be posted in a conspicuous location within the interior portion of the fireworks sales booth at all times.

E. A sign shall be affixed to the front exterior portion of the fireworks booth in letters at least six inches in height, identifying the name of the local nonprofit organization to which the permit was issued.

F. All fireworks sales booths shall be located only upon property that is zoned for commercial or industrial uses.

G. Fireworks sales booths shall be limited to 24 feet by eight feet or 192 square feet in size. Pre-existing booths as identified by the fireworks suppliers shall retain the right to operate their oversized booths, without change, until the permittee forfeits or loses their operating permit. A copy of said list shall remain on file with the Fire Code Official.

H. Each applicant shall be limited to one permit, which shall authorize the sale of safe and sane fireworks at only the approved site location shown on the permit.

I. Each proposed fireworks sales booth shall be required to meet and comply with all regulations and site location requirements established by the California Fire Marshal, with Title 19 of the California Code of Regulations, and with the rules and regulations of the Fire Code Official.

J. All permittees shall pass an inspection of their fireworks sales booth. If a permittee fails to pass an inspection, there shall be a reinspection fee charged for any subsequent inspection.

K. All retail sales of "safe and sane" fireworks shall be permitted only from within a fireworks sales booth and sales from any other building or structure is hereby prohibited.

L. The fireworks booth shall be located at least 20 feet from other structures.

M. Fireworks shall not be stored, sold, offered for sale, or discharged within 100 feet of a location where gasoline, LPG, other class 1 flammable liquids or flammable gases are stored or dispensed.

N. All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on the sixth day of July.

O. The fireworks sales booth shall be removed from the temporary location by 12:00 noon on the twelfth day of July, and all accompanying litter shall be cleared from said location by said time and date.

P. A penalty of $100.00 per day will be assessed to the permittee of any fireworks sales booth not removed by 12:00 noon on the twelfth day of July.

(Ord. No. 2020-1057, § 1, 3-23-2020; Ord. No. 2023-1076, § 24, 7-10-2023)

A. Safe and sane fireworks may only be sold or offered for sale from 12:00 noon to 10:00 p.m. on June 28 and from 9:00 a.m. to 10:00 p.m. from June 29 through July 6.

B. Each of the following are mandatory point-of-sale safety requirements:

1. No person under the age of 18 shall sell, or handle for sale, any fireworks.

2. No person under the age of 18 shall purchase or be allowed to purchase any fireworks.

3. Smoking, open flame, or spark-producing equipment shall be prohibited for a distance of 100 feet in all directions of a fireworks sale booth.

4. Dry grass, weeds, trash, and all other combustible material shall be removed for a distance of 100 feet in all directions of a fireworks sale booth.

5. Fireworks shall not be discharged within 150 feet in all directions of a fireworks sale booth.

C. Merchandise may be displayed in an approved glass-enclosed counter or showcase, or displayed in fireworks sale booths constructed in the following manner:

1. Walls and roof shall be of plywood at least one-third-inch thickness or of an approved noncombustible material.

2. The fireworks sale booth shall have a roof.

3. Notwithstanding an exit door, walls shall extend to a minimum height of six feet, eight inches on at least three sides. These three sides shall not have any openings.

4. Two exit doors shall be provided in each fireworks sale booth, with a minimum size of 24 inches in width and six feet in height. Exits shall be maintained clear and unobstructed at all times while open to the public.

5. The front wall of the fireworks sale booth shall provide a physical barrier not less than 18 inches in height between the public and the merchandise on display.

6. Approved "NO SMOKING" signs shall be securely fastened to the fireworks sale booth and prominently displayed in and on the exterior of the stand.

7. Approved "NO SALES TO PERSONS UNDER THE AGE OF 18" signs shall be securely fastened to the fireworks sale booth and prominently displayed in and on the exterior of the booth.

8. An approved fire extinguisher having a minimum U.L. classification of 2A shall be located in the fireworks sale booth near the exit and be readily accessible.

9. It is unlawful for the permittee organization to allow any person or entity other than the permittee organization to operate the fireworks stand for which the permit is issued, whether by agreement, assignment or otherwise, or to otherwise participate in the profits of the operation of such fireworks stand. Violations will result in the immediate loss of the organization's permit.

10. It is unlawful for a non-profit organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such fireworks stand, except the hiring of a night watchman or security officer.

(Ord. No. 2020-1057, § 1, 3-23-2020; Ord. No. 2023-1076, § 25, 7-10-2023)

A. Permittees may only store safe and sane fireworks within the City solely during the period of June 22 through July 15 of each year.

B. Safe and sane fireworks that are not being sold or displayed with the intent to sell shall be stored in the following manners:

1. Within the permitted fireworks sale booth with a responsible adult on the premises at all times.

2. In a completely enclosed and locked utility type trailer constructed of one-quarter-inch plywood or other approved noncombustible material.

3. In a completely detached garage on residential property with a minimum of ten-foot clearance to other structures or property lines. There shall be no open flame or spark producing equipment, or class 1 flammable liquids stored or used within the garage.

4. Fireworks shall not be stored within 100 feet of any building classified or used as a public or private school, day care facility, residential care facility, hospital, place of detention, public oil/gas station, or public garage, or any place of public assembly that can accommodate 50 or more persons.

5. The following information shall be submitted to and approved by the Fire Chief will be required:

a. Storage location.

b. Description of storage facility.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Each calendar year one or more representatives from each permittee shall attend a fireworks sales booth safety seminar conducted by the Fire Department or the fireworks industry. Failure to attend the seminar shall result in the revocation of the permittee's permit for that calendar year.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Fire Chief shall have authority to adopt and implement such administrative rules and regulations as may be required to:

1. Provide for the orderly administration of this chapter;

2. To ensure compliance with all rules and regulations required by State law and the rules and regulations of the State Fire Marshal; and

3. Ensure the safety of the booth structure and the sales operations.

B. The Fire Chief, or his authorized designee, shall serve as the enforcement officer, and shall be responsible for the enforcement of the provisions of this chapter. Sworn Peace Officers and other City staff with training in the powers of arrest and designated by the Police Chief or Fire Chief are also authorized to enforce this chapter.

C. In addition to the penalties set forth in section 5.20.110, the Fire Chief shall have the authority to immediately suspend or revoke the permit of any permittee that has conducted its operations in violation of any of the provisions of this chapter, State law, or the rules and regulations of the State Fire Marshal.

D. Upon suspension or revocation of a permit, the permittee shall immediately cease all fireworks sales. The Fire Chief shall inform the permittee that the permittee may seek review of the Fire Chief's decision pursuant to Chapter 5.05. Within two business days after suspension or revocation, the Fire Chief shall provide the City Manager with written notice that a permit has been suspended or revoked. Notice shall include the name of the permittee and a brief statement of the grounds for suspension or revocation. Suspension or revocation of any permit shall be effective for the current calendar year.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A person shall not sell, use, possess, manufacture, or discharge dangerous fireworks within the City.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. In addition to any other remedies set forth in this title, administrative penalties may be imposed against any responsible party for violations of this chapter. The administrative penalty for violations of this chapter shall be $2,500.00 or imprisonment for a period not exceeding six months.

B. Every owner, occupant, lessee, tenant, or holder of any possessory interest of a residence or other private property within the City is required to maintain, manage and supervise property and all persons thereon in a manner so as not to violate the provisions of this chapter. A responsible party need not be present at the time dangerous fireworks are possessed, manufactured, sold, used, or discharged in order for the City to issue an administrative citation under this section.

C. Nothing in this section shall be intended to limit any of the penalties provided for under the Health and Safety Code or Penal Code.

(Ord. No. 2020-1057, § 1, 3-23-2020; Ord. No. 2021-1065, 5-24-2021)