Chapter 5.10 — USE AND SALE OF SAFE AND SANE FIREWORKS

Safe and sane fireworks as defined by Section 12504 of the Health and Safety Code of the State of California may be sold within the city during the period beginning at twelve noon on the twenty-eighth day of June, ending at twelve midnight on the fifth day of July each year pursuant to the provisions of this chapter and not otherwise.

(Ord. 224 §1(part), 1976; Ord. No. 816, § 3(Exh. A), 6-11-2024; Ord. No. 817, § 1(Exh. A), 6-25-2024).

Except as provided in this chapter, 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 license therefor.

(Ord. 224 §1(part), 1976).

All applications for a license to sell fireworks shall:

(1)

Be made in writing;

(2)

Be made between the first day and the last day of March of each year, except when the last day falls on a Saturday or Sunday, the following business day shall be determined to be the last day;

(3)

Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in "C-1" or heavier industrial or manufacturing zones and the written permission of the owner of record or lessee must accompany the application;

(4)

Be accompanied by an assurance that if the license is issued to applicant, applicant shall, at the time of receipt of said license, deliver to the city clerk's office of said city two hundred thousand dollars/five hundred thousand dollars public liability and one hundred fifty thousand dollars property damage insurance certificates designating said city as an additional assured thereunder, and a copy of the requisite permit from the State Fire Marshal;

(5)

Include a statement that the applicant agrees to comply strictly with the terms of any retail permit granted to it and furnish any additional information upon request of the city administrator or committee designated by the city council.

(Ord. 224 §1(part), 1976).

Applicants for any such license shall be notified by the city administrator's office of said city by April 15th of the granting or rejection of such application for a license.

(Ord. 224 §1(part), 1976).

The city council may grant exceptions to and extensions of the dates set forth in Sections 5.10.030 and 5.10.040 in order to prevent undue hardship in the event of an organization's inadvertent failure to apply for a license to sell fireworks by the date set forth in Section 5.10.030(2).

(Ord. 449 §1, 1991).

The following qualifications must be met by each applicant for a license issued under this chapter:

(1)

No license shall be issued to any person, firm or corporation except nonprofit associations or corporations organized primarily for civic betterment or youth activities.

(2)

Each such organization must have its principal and permanent meeting place in the corporate limits of said city, must maintain a bona fide membership of at least twenty adult members, and must have been organized and established in said city's corporate limits for a minimum of three years continuously preceding the filing of the application for the license.

(3)

No organization may receive more than one license for fireworks sale during any one calendar year. One license may be issued to two or more qualifying applicants as a joint venture. The maximum number of licenses which may be issued pursuant to this ordinance during any one calendar year shall not exceed one license for each two thousand residents of the city, or fraction thereof, based on the latest official roster, State of California census estimate.

(3.1)

Unless a written, signed agreement to the contrary is received by the city by the application deadline, all licensed groups sharing one booth shall act as joint venturers, and as such shall share equally in the expenses, losses and profits arising from the operation of said booth.

(4)

If the number of applications exceeds the number of licenses to be issued, the licensees during the preceding year shall have first priority for the available licenses, provided each licensee retains the same participating organizations which operated under the license during the preceding year. Each participating organization shall be deemed to be a colicensee and joint venturer with the licensee claiming first priority and shall have the same duties and liabilities under the license. If there are any additional licenses available, such additional licenses shall be granted by a drawing supervised by the city administrator.

(5)

At least one board member from the governing body of each participating civic organization must attend a fireworks safety program presented by the Los Angeles county fire department prior to the commencement of each year's fireworks booth program.

(Ord. 456 §1, 1992; Ord. 362 §2, 1984: Ord. 224 §1(part), 1976).

(a)

No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand.

(b)

No person other than the individuals who are members of the licensee 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 shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.

(Ord. 224 §1(part), 1976).

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

(1)

No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet of any gasoline pump.

(2)

Fireworks stands need not comply with the provisions of the building code of said city; provided, however, that all stands shall be erected under the supervision of the superintendent of the department of building and safety, who shall require that stands be constructed in manner that will reasonably ensure the safety of attendants and patrons.

(3)

No stand shall have a floor area in excess of three hundred square feet.

(4)

Each stand in excess of twenty-four feet in length must have at least two exits; and each stand in excess of forty feet in length must have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty-four feet.

(5)

Each stand shall be provided with two two-and-one-half-gallon soda and acid or water-pressure type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire.

(Ord. 224 §1(part), 1976).

(a)

All weeds and comubstible material shall be cleared from the location of the stand including a distance of at least twenty 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 thereof while fireworks are stored therein. Sleeping or remaining in stand after close of business each day is forbidden.

(d)

The sale of fireworks shall not begin before twelve noon on the twenty-eighth day of June and shall not continue after twelve midnight on the fifth of July.

(e)

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

(f)

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

(g)

Prior to the issuance of a license, each applicant shall file with the city administrator a cash deposit, in the amount of fifty dollars to assure compliance with the provisions of this chapter. 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 licensee does not so comply or remove the stand or clean the site, in the manner required by the superintendent of the building and safety department, the city may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the licensee's deposit.

(Ord. 224 §1(part), 1976).

No later than August 30th immediately following the licensed sale of safe and sane fireworks, each licensee shall file with the city, on a form prescribed by the city, a fireworks stand income report. In addition to showing total sales, total cost and total net income, each such report shall detail how the licensee plans to use the money raised by the sale of fireworks, whether or not the organization plans to apply for a fireworks sales permit in the following year, and where the organization's fireworks stand was located.

(Ord. 481 §1, 1993).

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

(Ord. 224 §1(part), 1976).

License to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand.

(Ord. 224 §1(part), 1976).

It is unlawful for any person to ignite, explode, project, or otherwise fire or use any fireworks, or permit the ignition, explosion projection thereof, upon or over or onto the property of another without his consent, or to ignite, explode, project, or otherwise fire or make use of, any fireworks within ten feet of any residence, dwelling or other structure as used as a place of habitation by human beings.

(Ord. 224 §1(part), 1976).

Persons violating this chapter shall be deemed guilty of a misdemeanor. Further, the license shall be revoked.

(Ord. 224 §1(part), 1976).