Coalinga Municipal Code Ch. 8 Fireworks

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Dangerous fireworks" shall mean any fireworks specified as such in the state fireworks law, Section 12400 et seq., of the Health and Safety Code of the state, and such other fireworks as may be determined to be dangerous by the California State Fire Marshal.

"Safe and sane fireworks" shall mean and include only unaltered fireworks designated by the California State Fire Marshall as "Safe and Sane", and displaying the appropriate California State Fire Marshall seal and registration number.

(Ord. No. 823, § 1, eff. 12-1-2018)

(a) It shall be unlawful for any person to sell or offer for sale any dangerous fireworks in the city.

(b) It shall be unlawful for any person to sell or offer for sale any safe and sane fireworks in the City without first obtaining a permit therefor.

(Ord. No. 823, § 1, eff. 12-1-2018)

All applications for a permit to sell fireworks shall:

(a) Be made in writing accompanied by a permit fee which may be established and modified from time to time by resolution of the City Council.

(b) Be submitted to the fire department between the first business day of February and June 15 of each year except when the June 15 falls on a Saturday or Sunday; then, the following business day shall be determined to be the last day.

(c) All application packets submitted shall include:

(1) A completed fireworks stand application from the fire department.

(2) A copy of the California State Fire Marshal's Office Retail Fireworks License.

(3) Certificate of insurance.

(4) Detailed fireworks stand site diagram.

(5) Detailed fireworks storage plan diagram.

(6) City of Coalinga Temporary Business License.

(7) Temporary sellers permit from the California Franchise Tax Board.

(8) Letter from the property owner granting permission to have fireworks stand on their property, unless fireworks stand location is on the property of the organization making application.

(d) Be accompanied by an assurance that if the permit is issued to the applicant, applicant shall, at the time of receipt of permit, deliver to the business license clerk an insurance certificate designating the City as an additional insured, and a copy of the required license from the state fire marshal.

(e) 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.

(Ord. No. 823, § 1, eff. 12-1-2018)

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

(a) No permit shall be issued to any person except nonprofit associations or corporations organized primarily for civic betterment or youth activities.

(b) Each such organization must have its principal and permanent meeting place in the corporation limits of the City and must have been organized and established within the city's corporate limits for a minimum of one (1) year continuously preceding the filing of the application for the permit.

(c) No organization shall receive more than one (1) permit for fireworks sales during any one (1) calendar year. One (1) permit may be issued to two (2) or more qualifying applicants as a joint venture. The maximum number of permits which may be issued during any one (1) calendar year shall not exceed five (5) permits. Organizations who have been allowed to have two (2) permits previous to the adoption of this ordinance will be permitted to have two (2) permits as long as they held two (2) permits the previous year.

(d) If the number of applications exceed the number of permits to be issued, the permittees during the preceding year shall have priority for the available permits, provided each permittee retains the same participating organization which operated under the permit during the preceding year. Each participating organization in a joint venture shall be deemed to be a permitted with the same duties and liabilities under the permit. If there are any additional permits available, such additional permits shall be granted on a first come, first served basis.

(Ord. No. 823, § 1, eff. 12-1-2018)

All retail sales of safe and sane fireworks shall be permitted only from within a temporary firework stand, and sales from any other building or structure is prohibited. Temporary fireworks stand shall be subject to the following provisions:

(a) No fireworks stand shall be located within twenty-five (25) feet of any building or within one hundred (100) feet of any gasoline pump.

(b) Fireworks stands need not comply with the provisions of the building code; provided however, that all stands shall be erected under the supervision of the building official, who shall require that all stands be constructed in a manner that will reasonably ensure the safety of attendants and customers.

(c) No stand shall have a floor area in excess of four hundred (400) square feet.

(d) Each stand in excess of twenty-four (24) feet in length must have at least two (2) exits; and each stand in excess of forty (40) feet in length must have at least three (3) exits spaced approximately equal distances apart.

(e) The fireworks stand shall be removed from the temporary location by 12:00 noon on July 8, and all accompanying litter shall be cleared from said location by said time and date.

(Ord. No. 823, § 1, eff. 12-1-2018)

(a) Fireworks stands as authorized in this chapter may only operate during the period of noon June 28 to noon July 6 each year. The hours of operation for any fireworks stand shall be as set forth in the permit issued for such permittee organization.

(b) No entity other than the permittee organization shall operate the fireworks stand for which the permit is issued.

(c) No person other than the individuals who are members of the permittee organization, or spouses or adult children of such members, shall operate the fireworks stand or otherwise sell or participate in the sale of fireworks at such stand.

(d) No person shall be paid any consideration for operating the fireworks stand or otherwise selling or participating in the sale of fireworks at such stand. This does not limit considerations paid to the property owner to have the stand on their property, or fees paid to a licensed security company to provide security services should they be needed.

(Ord. No. 823, § 1, eff. 12-1-2018)

(a) All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty (20) feet surrounding the stand.

(b) "No Smoking" signs shall be prominently displayed on the fireworks stand.

(c) Each stand must have an adult in attendance and in charge while fireworks are stored therein. Sleeping or remaining in stand after close of business each day is forbidden.

(d) All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. of July 6.

(e) The fire department shall establish safety rules for the operation of temporary fireworks stands.

(Ord. No. 823, § 1, eff. 12-1-2018)

Organizations selling fireworks are required to obtain a temporary sales tax permit from the State Board of Equalization.

(Ord. No. 823, § 1, eff. 12-1-2018)

The state license and City permit to sell fireworks and temporary sales tax permit and valid City business license shall be displayed in a prominent place in the fireworks stand.

(Ord. No. 823, § 1, eff. 12-1-2018)

The provisions of this chapter shall be construed so as not to conflict with the state fireworks law.

(Ord. No. 823, § 1, eff. 12-1-2018)

Any violation of this chapter or other City laws, or the terms and conditions of the permit, or state laws or administrative regulations, or safety rules of the fire department, shall be grounds for the immediate revocation of any permit to sell fireworks issued under this chapter. All officers, agents, and employees of the organization receiving the permit shall be responsible for compliance with all the provisions of this chapter.

If a permit is revoked, the Fire Chief or designee shall seize, take, remove or cause to be removed and destroy, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored or held by the permitee.

(Ord. No. 823, § 1, eff. 12-1-2018)

It shall be unlawful for any person to possess or use illegal or dangerous fireworks in the City as defined by the state fireworks law, Section 12400 et seq., of the Health and Safety Code of the state, as amended from time to time, and such other fireworks as may be determined to be dangerous by the state fire marshal.

(Ord. No. 823, § 1, eff. 12-1-2018)

Whenever the City disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this Code do not apply or that the true intent and meaning of this code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the City to the Coalinga City Council within thirty (30) days from the date of the decision appealed. The appeal shall be in writing and shall be filed with the City Manager and shall be heard at the next regular meeting of the City Council. The determination of the City Council upon such appeal shall be conclusive and final.

(Ord. No. 823, § 1, eff. 12-1-2018)

(a) Any person who violates any of the provisions of this chapter shall be guilty and punishable as set forth in this code.

(b) In addition, for violations of this code pertaining to the unlawful sale of dangerous or safe and sane fireworks, or for the possession, use or discharge of dangerous fireworks, all violators and responsible persons may be assessed an administrative fine of one thousand dollars ($1,000.00) for each violation.

(1) Responsible person(s) for purposes of this section include:

a. The person(s) who rents, leases, or otherwise has possession of the residence or other private property;

b. The person(s) in immediate control of the residence or other private property; and

c. The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the illegal discharge or illegal possession of dangerous or illegal fireworks.

(2) There is no requirement that the City provide advance notice to the responsible person(s) prior to issuing an administrative citation. Responsible person(s) shall be deemed to know the law as is the common standard for code violations. Further, fireworks violations create an immediate danger to the public health, safety and welfare for which immediate correction is required. Additionally, fireworks violations are noncontinuing violations for which it is not possible or practical to provide prior notice and an opportunity to correct.

(3) Upon identification of a violation of this subsection, City Code Enforcement Officers and any law enforcement or fire department officer, may impose an administrative fine of one thousand dollars ($1,000.00).

(4) Administrative fines shall be subject to the administrative appeal and hearing procedures set forth in this Code.

(Ord. No. 823, § 1, eff. 12-1-2018)