Chino Municipal Code Ch. 8.12 Fireworks

Footnotes:

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Ord. 78-13 § 4 added a second prior code section number 11-15, the first was codified in section 8.12.160 of this chapter.

The provisions of this chapter are intended to regulate the sale and use of fireworks and the prevention of fires thereby. They are, furthermore, provided to ensure a community benefit from the revenues received. The fees in this chapter, along with the use of the community services, parks, and recreation commission as a designated oversight committee, are for regulation purposes.

(Ord. 98-02 § 1 (part), 1998.)

(Ord. No. 2023-016, § 5, 2023.)

The storage and discharge of "Safe and Sane" fireworks as defined by section 12529 of the Health and Safety Code of the State of California by consumers shall be permitted within the city during the period beginning at noon on the 1st day of July and ending by midnight on the 4th of July of each calendar year, pursuant to the provisions of this chapter and not otherwise. Storage of "Safe and Sane" fireworks for the purpose of setting up sales stands shall be permitted beginning at twelve noon on June 30th of each year. The sale of "Safe and Sane" fireworks shall be permitted within the city during the period beginning on the 1st day of July and ending at nine p.m. on the 4th of July of each calendar year, pursuant to the provisions of this chapter and not otherwise.

(Ord. 2004-11 § 1, 2004: Ord. 98-02 § 1 (part), 1998.)

(Ord. 2010-04, § 1, 2010.)

A. Except as provided herein, no person shall offer for sale or sell at retail any fireworks of any kind in the city without having first applied for and received a retail permit therefor, from the tax and license collector.

B. No organization shall receive more than one permit or participate in more than one stand during any one calendar year.

C. An organization with a permit may enter into a joint venture with one or more qualifying Chino organizations, provided that one organization assumes responsibility for compliance with all city ordinances and regulations and all other participating organizations are listed as such on the permit.

D. At no time shall an organization be permitted to sublet a fireworks stand without first acquiring written consent from the community services, parks, and recreation commission. A hearing date, to be scheduled by and with the community services, parks, and recreation commission, shall determine if subletting will result in a benefit to the community. Permission from the commission shall require that all subleased units be subject to the same terms and conditions as applied to any other qualifying organization.

E. The maximum number of permits that may be issued in one calendar year shall not exceed one for every two thousand five hundred residents of the city, or a fraction thereof, based on the latest estimate of the California Department of Finance or the U.S. Bureau of the Census. However, despite increases in population within the city, the maximum number of permits shall never exceed twenty-four permits per year. Provided that, this maximum number shall be reduced by attrition, such as when permits are surrendered, revoked or not renewed the following year, to a total of twenty permits. Once so reduced, no new permits shall be issued to replace those permits once they are vacated. Once the total number of active permits equals twenty, that number shall become the permanent maximum limit. If the number of returning applications falls below twenty, new applications shall be accepted up to the maximum of twenty permits. If the number of new applications exceeds the number of permits available to be issued, permits will be granted by a drawing supervised by the City of Chino Tax and License Collector. If additional permits remain available, a drawing for the remaining permits will be conducted. Only one participating organization in a joint venture shall be deemed to be the permittee.

(Ord. 98-02 § 1 (part), 1998.)

(Ord. 2010-04, § 2, 2010; Ord. 2020-007, § 2, 2020; Ord. No. 2023-016, § 6, 2023; Ord. No. 2026-001, § 2, 2026.)

Any organization authorized by a drawing as provided in Subsection 8.12.030.E, or any organization that operated a stand in the preceding year and that requests a permit in the current year, shall submit an application for a retail permit to sell fireworks. All applications for a retail permit to sell fireworks shall:

A. Be made in writing accompanied by a permit fee as stated in the city's cost control system, a license issued by the state fire marshal, and a cleanup deposit fee as stated in the comprehensive fee schedule as codified in Appendix I of the Code. Such deposit shall be refundable upon compliance with the provisions and requirements of this chapter, including, but not limited to the removal of the stand and the cleaning of the site. In the event the permittee does not so comply or remove the stand or clean the site in the manner required by the building official of the city, the city may do so or cause the same to be done by other persons, and the cost over and above the amount of the cleaning deposit shall be charged against the permittee and the deposit shall be forfeited;

B. Set forth the proposed location of the fireworks stand, and be accompanied by a letter signed by the owner or agent of the property upon which the fireworks stand is proposed to be located, confirming that the owner has given permission for the use of the property for such purpose;

C. Submit official board minutes detailing the intent and authorization to sell fireworks. Such notes shall detail what sites, populations or projects will benefit and for what purposes. Minutes shall be attached to the application and shall be reviewed by the community services, parks, and recreation commission;

D. Include a copy of the organization's 501(c)3, or other official verification of nonprofit status on letterhead of the nonprofit organization. Agencies not possessing the appropriate documentation of nonprofit status shall be required to seek written authorization from the community services, parks, and recreation commission prior to a permit being issued and prior to March 15 of each year. A hearing date, to be scheduled by and with the community services, parks, and recreation commission, shall determine whether organizations without proof of nonprofit status can proceed with operating the stand. The hearing date shall be coordinated between the applicant and the commission during the months of March and April;

E. Have attached a financial statement form, to be provided by the tax and license collector, that describes anticipated expenses and profits. The information contained on this form shall, furthermore, detail how much moneys will be provided to the projects mentioned pursuant to Subsection C. herein;

F. Be accompanied by an assurance that if the retail permit is issued to the applicant, the applicant shall, at time of receipt of retail permit, deliver to the tax and license collector one-million-dollar public liability and property damage insurance certificates holding the city and its employees, officials and agents harmless and designating the same as the additional insured;

G. Include a statement that the applicant agrees to comply strictly with the terms of any retail permit granted and furnish any additional information upon request of the city relating to provisions of this chapter;

H. All applications submitted by organizations that operate an existing stand shall be submitted between the 15th day of February and the 15th day of March of each year. All new applicants must submit an application by March 15th and by April 15th must submit all required documentation.

(Ord. 98-02 § 1 (part), 1998.)

(Ord. 2010-13, § 1, 2011; Ord. 2015-003, § 1, 2015; Ord. 2010-04, § 2, 2010; Ord. 2020-007, § 3, 2020; Ord. No. 2023-016, § 7, 2023.)

Applicants for a retail permit shall be notified by the tax and license collector by May 1st each year of the granting or rejecting of such application for a retail permit.

(Ord. 98-02 § 1 (part), 1998.)

The following qualifications must be met by each applicant for a retail permit:

A. No retail permit shall be issued to any person, firm or corporation except nonprofit associations or corporations organized primarily for civic betterment, youth activities, sports, military or veterans affairs, charitable or religious purposes.

B. All applying organizations shall be required to demonstrate how revenues received will provide direct and measurable community services and benefits to the residents of Chino. Self-profit seeking organizations shall be prohibited from participating.

C. Each organization must have its principal and permanent meeting place inside the corporate limits of the city; must maintain a bona fide membership of at least twenty members; must have a membership whose majority (fifty percent plus one) are individuals who either live or work in the city of Chino; and must have been organized and established in the city's corporate limits for a minimum of one year continuously preceding the filing of the application for the retail permit. Chino Valley Unified School District schools not physically located in the city, or booster groups that support non-Chino schools, shall not be eligible for a fireworks permit.

(Ord. 98-02 § 1 (part), 1998.)

(Ord. 2010-04, § 3, 2010; Ord. No. 2023-016, § 8, 2023; Ord. No. 2026-001, § 3, 2026.)

A. Any person or entity engaged in the wholesale distribution of fireworks within the city shall obtain and maintain a valid business license pursuant to the provisions of Section 5.04.040 of this code.

B. No person or entity shall operate as a fireworks wholesaler within the city limits without a current and active business license.

C. Compliance with this section is a condition of the issuance and maintenance of any permits under this chapter. This chapter shall be enforced in accordance with Section 8.12.200.

(Ord. No. 2026-001, § 4, 2026.)

A. No entity other than the permittee organization shall operate the stand for which the retail permit is issued, unless permitted by the community services, parks, and recreation commission.

B. No person other than the individuals who are members of the permittee organization, or the wives or husbands or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand.

C. No person selling or otherwise participating in the sale of fireworks shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.

D. No person under eighteen years of age shall be permitted in the stand and signage shall be required to be prominently displayed in stands stating that no person under eighteen years of age shall be permitted in the stand.

E. The consumption of alcoholic beverages or the use of narcotics within twenty-five feet of the stand shall be prohibited.

F. An emergency contact telephone number shall be posted on exterior and interior surfaces of all exit doors.

(Ord. 98-02 § 1 (part), 1998.)

(Ord. No. 2023-016, § 9, 2023.)

A. Except as provided in subsection B, C, and D, and subject to the requirements in Section 8.12.080, fireworks stands are only permitted in the following locations:

1. Commercial zoning districts, as listed in Chapter 20.06 of this code; and

2. Industrial zoning districts, other than the airport development zone, as listed in Chapter 20.07 of this code.

B. Nothwithstanding subsection A, no stands shall be permitted in the area between State Route 71 on the east, Eucalptus Avenue, on the north, and the city limits to the west and south.

C. Nothwithstanding subsections A and B, churches may operate fireworks stands on church-owned property subject to a determination by the city's building inspector that the property has sufficient parking and the stand complies with the regulations in section 8.12.080.

D. Notwithstanding subsections A and B, if, in the year immediately prior to the year for which an application is submitted, a nonprofit organization operated a permitted fireworks stand in a location that is not permitted under subsections A and B, the same organization may nontheless obtain a permit to operate a stand in the same location as the prior year. This exception is not transferable to an organization that did not operate in the subject location in the prior year.

(Ord. 2020-007, § 4, 2020.)

All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from and/or storage at any other building or structure is prohibited except as defined in this chapter. Temporary stands shall be subject to the following provisions:

A. Rental for each fireworks stand shall not exceed the sum of one thousand dollars and rent shall be paid only to the owner of the property on which the stand is placed. No form of compensation other than legal tender shall be permitted, and no additional payment, in any form whatsoever, shall be made to any property owner or to any other party, either directly or through any intermediary.

B. A minimum distance of two hundred feet shall be maintained between all fireworks stands.

C. No fireworks stand shall be located within twenty-five feet of any building, fifteen feet of a curb line, nor within one hundred feet of any gasoline pump. The building official may authorize stands to be located within ten feet of a curb line if it is determined that such placement will not be a hazard to operators or disrupt the normal flow of traffic. No trailer, vehicle, camper, or other object shall be parked within twenty-five feet of the stand.

D. Fireworks stands shall be erected under the supervision of the building official, who shall require that stands be constructed in a manner that will reasonably insure the safety of attendants and patrons. A permit to operate shall be received from the fire district following an inspection for compliance with this chapter and state fire marshal's requirements.

E. No stand shall have a floor area in excess of four hundred square feet. Any fireworks stands greater than one hundred twenty (120) square feet require a building permit for a temporary structure.

F. Each stand must have at least two exits, and each stand in excess of forty feet in length must have at least three exits spaced approximate equal distance apart and in no case shall the distance between exits exceed twenty-five feet.

G. Each stand shall be provided with a two and one-half-gallon (2½) water pressure type fire extinguisher which must be mounted at each exit. The extinguisher must bear evidence that they have been inspected by a state licensed agency. Extinguishers shall be in good working order and easily accessible.

H. All electrical wiring must be three-wire, two conductors and a ground wire. Temporary wiring must be protected from damage and if susceptible to moisture, be protected by waterproof components. All extension cords and wiring shall comply with the Uniform Electrical Code.

I. The location of each fireworks stand shall have an accessible route for persons with disabilities. The route shall be at least four-feet wide and be a firm, stable, and slip-resistant surface, such as asphalt, concrete, or flat, compacted dirt without holes, rutting or other obstacles. The accessible route shall connect the fireworks stand to the off-street parking spaces.

J. A minimum of eight off-street parking spaces, one of which shall be an accessible parking space for persons with disabilities, shall be provided within 25-feet from each fireworks stand. A temporary accessible parking space (9x19) with an adjacent access aisle (8×19) can be used for the duration the fireworks stand is operational.

K. A maximum of two signs, not to exceed forty-eight square feet each in area, shall be permitted for each stand.

(Ord. 98-02 § 1 (part), 1998.)

(Ord. 2010-04, § 4, 2010; Ord. No. 2026-001, § 5, 2026.)

All weeds and combustible materials shall be cleared from the location of the stand, including a distance of at least twenty-five feet surrounding the stand.

(Ord. 98-02 § 1 (part), 1998.)

"No Smoking" signs shall be prominently displayed on the fireworks stand, and no smoking shall be permitted within twenty-five feet of the stand.

(Ord. 98-02 § 1 (part), 1998.)

Each stand must have an adult in attendance to sell and serve as "watchman" while fireworks are stored therein. At the close of each business day, stands shall be locked and secured. At least one "watchman" must stand guard during hours of closure. Sleeping or remaining in the stand after close of business each day is forbidden.

(Ord. 98-02 § 1 (part), 1998.)

(Ord. No. 2025-001, § 2, 2025.)

The sale of fireworks shall not begin before the 1st of July and shall not continue after 9:00 pm on the 4th of July.

(Ord. 2004-11 § 2, 2004: Ord. 98-02 § 1 (part), 1998.)

All unsold stock and accompanying litter shall remain in the stand under "watchman" until unsold stock is returned to wholesaler. Unsold stock must be delivered to the wholesaler at a central location established by the wholesaler within the City of Chino beginning at nine p.m. on the 4th day of July through twelve p.m. on the 5th day of July. Storage of unsold stock must be kept in accordance with Chino Municipal Code Section 8.12.110.

(Ord. 98-02 § 1 (part), 1998.)

(Ord. No. 2025-001, § 3, 2025.)

Any change in the proposed location for a fireworks stand set forth in an application for a retail permit must be approved by a committee appointed by the community services, parks, and recreation commission prior to the issuance of the permit. There shall be no changes in the location of a fireworks stand once a permit has been granted.

(Ord. 99-06 § 1, 1999.)

(Ord. No. 2023-016, § 10, 2023.)

The fireworks stand shall be removed from the temporary location by noon on the 10th day of July, and all accompanying litter shall be cleared from such location by such time and date.

(Ord. 98-02 § 1 (part), 1998.)

State license, city retail permit to sell fireworks, temporary sales tax permit, and Chino Fire District permit to operate shall be displayed in a prominent place in the fireworks stand. In addition, a copy of the fireworks ordinance and a sign-in roster of workers shall be displayed in a prominent place. Those listed on the sign-in roster must be listed as members of the organization submitted with the application.

(Ord. 98-02 § 1 (part), 1998.)

Each organization operating a stand or participating as a member of a joint venture shall submit to the tax and license collector of the city a financial summary of total sales from fireworks by August 31st of each year. The financial summary shall have a summary of actual sales and profit for that year and shall have receipts attached for each stand. Organizations failing to comply with the financial summary deadline of August 31st shall be subject to a penalty of three hundred dollars. If the organization fails to submit a financial summary by a second deadline of September 15th, an additional penalty of two hundred dollars, for a cumulative total of five hundred dollars, shall be assessed.

(Ord. 98-02 § 1 (part), 1998.)

A. The city shall assess a surcharge on all sales of fireworks that occur in the city. The surcharge shall be paid by each stand operator at the time financial statements are due and shall be 4.25% of the gross revenue on the sale of fireworks. No additional fees will be charged if the actual surcharge exceeds this amount, nor will any refund be issued if the actual surcharge is lower.

B. The surcharge is intended to raise sufficient funds for the city to pay for the cost of processing and issuing permits under this chapter; inspection of stands; a public education and awareness campaign; enforcing the provisions of this chapter; including extra personnel time; and cleanup of the trash and debris left behind each year.

C. Failure by any booth operator to pay the amount assessed by the city's finance department shall bar the booth operator from selling its goods in the future until the surcharge is paid in full. Furthermore, if the surcharge is not paid by the due date, it shall be subject to a ten percent penalty for each month or portion of a month that it is late.

D. The surcharge imposed pursuant to this chapter is a regulatory fee and not a tax. The surcharge shall not be represented, advertised, or listed as a tax on any signage, sales receipt, or other documentation provided to purchasers of fireworks. It shall not be charged as a tax to any purchaser of fireworks. Failure to adhere to these requirements could result in the booth operator's loss of its permit in the sole discretion of the Community Services, Parks & Recreation Commission.

(Ord. 2004-11 § 3, 2004.)

(Ord. 2010-04, § 5, 2010; Ord. 2020-007, § 5, 2020; Ord. No. 2026-001, § 6, 2026.)

A. In accordance with state law, it is unlawful for any person to ignite, explode, project, or otherwise fire or make use of any fireworks that are not of the "Safe and Sane" variety, in the city. In addition to any other penalties provided by law, any person who commits a violation of this section shall be subject to an administrative fine in an amount to be determined by city council resolution.

B. It is unlawful for any person to ignite, explode, project, or otherwise fire or make use of any "Safe and Sane" fireworks within ten feet of any residence, dwelling or other structure. It is also unlawful for any person to ignite, explode, project, or otherwise fire or make use of any "Safe and Sane" fireworks anywhere outside a residential zone; in any public park; in the area bounded by Euclid Avenue to the west, Kimball Avenue to the south, and the city limits to the north and east; and in the area south of Pine Avenue to the city limits. In addition to any other penalties provided by law, any person who commits a violation of this section shall be subject to an administrative fine in an amount to be determined by city council resolution.

C. It is unlawful for any person to possess, store, or to permit the storage of, any fireworks that are not of the "Safe and Sane" variety, in the city. In addition to any other penalties provided by law, any person who commits a violation of this section shall be subject to an administrative fine in an amount to be determined by city council resolution.

D. It is unlawful for any property owner or person in control of property to allow any person to ignite, explode, project, or otherwise fire or make use of fireworks on the property owned by such person or under the control of such person in violation of this Section 8.12.170, irrespective of such person's intent, knowledge, or negligence, said violation hereby being expressly declared a strict liability offense. In addition to any other penalties provided by law, any person who commits a violation of this section shall be subject to an administrative fine in an amount to be determined by city council resolution. A property owner or person in control of property shall not be in violation of this section if he or she seeks immediate assistance from the Chino Police Department or other law enforcement agency to report any such violation of Section 8.12.170.

(Ord. 2004-11 § 4, 2004: Ord. 98-02 § 1 (part), 1998.)

(Ord. 2015-003, § 2, 2015: Ord. 2018-003, § 2, 2018.)

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 therefor, from the tax and license collector. All applications for a wholesale permit to sell fireworks shall:

A. Be made in writing, accompanied by the fee charged as stated in the comprehensive fee schedule.

B. Be made only between the 15th day of February and the 15th day of March of each calendar year.

C. 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 tax and license collector of the city, one-million-dollar public liability and property damage certificates with riders attached to the policies designating the city and its employees, officials and agents as additional insured thereunder.

D. Contain such other information as may be required by the tax and license collector.

E. It shall contain a statement that 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 fireworks.

F. Affirm that the holder of the wholesale permit shall provide, and identify the location of, a central location within the City of Chino for the collection of unsold stock beginning at nine p.m. on the 4th day of July through twelve p.m. on the 5th day of July.

(Ord. 98-02 § 1 (part), 1998.)

(Ord. No. 2025-001, § 4, 2025.)

"Safe and Sane" fireworks may be stored within the city, pursuant to the following provisions:

A. Buildings or parts of buildings used for the storage of "Safe and Sane" fireworks shall be classified as Group H, Division 1, occupancies, as provided in the Uniform Building Code, 1994 Edition, and shall meet all requirements for such occupancies. However, under no condition shall any building or parts of buildings be used that are not provided with an automatic sprinkler system that is designed for this type of occupancy and has been inspected and tested by the Chino Fire District.

B. Stacks of merchandise shall be limited in size to three thousand two hundred cubic feet and each stack shall be separated from other stacks by ten-foot side aisles. Height of stack, eight feet; length of stack, ten feet; width of stack, eight feet.

(Ord. 98-02 § 1 (part), 1998.)

A. The community services, parks, and recreation commission shall investigate and conduct hearings regarding violations of this chapter, and any organization found in violation of this chapter or proceeding without appropriate consent from the commission shall be ineligible to obtain a permit for selling fireworks for three years immediately following the violation, after which time they will be required to participate in a permit lottery.

B. A retail permit may be revoked at any time by the tax and license collector or the community services, parks, and recreation commission if the organization does not comply with the permit requirements set forth in this chapter.

C. Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a period not exceeding six months, or a fine not exceeding one thousand dollars, or by both such imprisonment and fine.

D. Any stand being operated in violation of any section of this chapter may be closed immediately by the Chino Valley Independent Fire District, city of Chino Police Department or Chino Code Enforcement Officers.

E. Notwithstanding the provisions of section 8.12.170 or section 8.12.200.C or any other provision of the Chino Municipal Code to the contrary, no criminal penalties for possession of dangerous fireworks or for selling, giving or delivering them to any person under eighteen years of age shall be imposed by the Chino Municipal Code. The applicable criminal penalties shall be those prescribed by California Health and Safety Code sections 12700 and 12702. In addition, no administrative fine procedures and penalties provided herein shall apply to possession of more than twenty-five pounds of dangerous fireworks, and the fines collected pursuant to those procedures shall not be subject to California Health and Safety Code section 12702, regarding division between the state fire marshal and the city. However, two hundred fifty dollars or twenty-five percent of any such fines collected, whichever is higher, shall be held in trust for payment of any of such costs of the state fire marshal when it adopts procedures on how to cover its costs for the transportation and disposal of dangerous fireworks seized by the city.

F. The city shall publish the names of all persons who violate any provision of this chapter in one or more local newspapers along with a statement of why such person's name is being published. This subsection F shall not apply to minors, as defined in section 9.80.020. In the event that such person disputes the violation, either by requesting a hearing, filing an appeal, requesting a trial on a criminal citation, or through some other procedure available under law, publication shall not take place until the matter has been ultimately adjudicated and only if such person is found to have violated the provisions of this chapter. Publication under this section shall be in addition to any other penalties otherwise available under law or this chapter.

(Ord. 98-02 § 1 (part), 1998.)

(Ord. 2008-10 § 1, 2008; Ord. 2015-003, § 3, 2015: Ord. 2018-003, § 3, 2018; Ord. No. 2023-016, § 11, 2023.)

Any person or entity that is found to have violated the requirements of this chapter pursuant to subsection A, B, or D of Section 8.12.200, may appeal the determination of violation to the city manager by filing a notice of appeal within ten days of the date of the subject determination. If the determination of violation resulted in the closure of the stand, the stand shall remain closed during the pendency of the appeal. The appeal shall be heard as soon as reasonably possible, but in no event later than thirty days after the filing of the appeal. The decision of the city manager shall be final.

(Ord. 2020-007, § 6, 2020.)