El Monte Municipal Code Ch. 8.16 Fireworks

No person shall sell any blank cartridge, firecracker or other fireworks without a permit from the city to do so. Except as otherwise provided in Section 8.16.030, no permit required by this chapter shall be issued other than to:

A nonprofit association, as defined by Section 21000 of the California Corporations Code, including any association set forth in Section 21200 of such code, or a nonprofit corporation formed and conducted in accordance with Part 3 of Division 2 of Title 1 of the Corporations Code; provided, that such association or corporation has its principal and permanent meeting place situated within the city, has for more than five (5) years continuously maintained a local unit, branch, lodge or club with a bona fide membership of at least twenty (20) members within the city, has a valid and current certificate of tax exemption, as provided in Section 214 of the Revenue and Taxation Code, and is subject to charitable exemptions, as provided in Article 3 of Chapter 4 of Part 9 of Division 2 of the California Revenue and Taxation Code.

(Prior code § 6390)

The net proceeds of the sale of fireworks under a permit issued pursuant to this Chapter 8.16 shall be expended solely for charitable purposes within the city. On or before August 31 of each calendar year during which a permit is issued pursuant to this chapter, the permittee shall file with the Licensing and Treasury Department an itemized account of the receipts and expenditures of such permittee received and made in connection with the purchase and sale of fireworks under such permit. Prior to or concurrent with the filing of an application for a permit under this chapter, the applicant shall, if he or she has had a prior such permit, file an accounting of the disbursements of the net proceeds shown by his or her accounting made pursuant to this section. No permit shall be issued to any person or organization which has previously obtained such a permit and has failed or refused to file an accounting as required by this section or who has expended any of the proceeds of the sale of fireworks in any manner or for any purpose other than as specified in this section. Net proceeds, as used in this section, means the gross proceeds emanating from the sale of fireworks less the cost of the fireworks, the cost of providing a fireworks stand or location, and the amount of all taxes, business licenses, permit fees and other similar charges, but excluding any compensation or any remuneration in any way paid to any person for the purpose of assisting in the sale of fireworks under this Chapter 8.16.

(Prior code § 6390.1)

(Ord. No. 2839, § 4, 5-27-2014)

A. Fees for fireworks permits issued under this Chapter 8.16 may be established by separate resolution of the El Monte City Council and may be amended, modified and/or updated from time to time by resolution

B. In addition to the city's standard collection procedures, failure by any permittee to pay the amount invoice by the city's Finance Department shall be cause to disqualify the permittee from obtaining a permit to sell fireworks in the city in the future.

(Ord. No. 21, § 4, 3-19-2013; Ord. No. 2839, § 5, 5-27-2014)

A. The maximum number of fireworks permits that may be issued each year by the city shall be established and from time to time amended by resolution of the El Monte City Council, provided, however, that the maximum number of permits authorized by any such resolution may not exceed twenty-five (25) fireworks permits in any calendar year. Any resolution to establish or amend the maximum number of permits issued each calendar year shall require a minimum of three (3) affirmative votes for approval and shall remain effective until repealed and/or superseded by subsequent resolution. Commencing in the year 2008, any resolution to amend the number of fireworks permits issued in a calendar year must be approved by the City Council no later than the last day of February of each calendar year. Applications for fireworks permits shall be submitted between March 1 and May 1 of each calendar year. No more than one fireworks permit shall be issued to any one organization during any one calendar year. Each fireworks permit issued by the city shall authorize the sale of fireworks in one location within the city. No duly permitted fireworks stand may exceed thirty-three (33) feet in length. No fireworks permit issued shall remain valid beyond the expiration date set forth in the permit, or if no such date is set forth, beyond eight p.m. on July 4th of the calendar year in which the permit is issued.

B. Cash Deposit. In addition to all fees and deposits required by this code, every application for a permit to construct a fireworks stand shall be accompanied by a deposit of fifty dollars ($50.00) in cash to guarantee the removal of such stand within the time specified by the Uniform Fire Code.

C. Compliance with Fire Prevention Code. Every permit for the sale of fireworks shall be subject to and shall include by reference all of the provisions of the Uniform Fire Code.

D. Every application for a permit to construct a fireworks stand shall be accompanied by written authorization of the owner of record of the property upon which the stand is to be located. If the property is leased, the application shall be accompanied by written authorization of the lessor. The name, address and telephone number of the person or entity granting the authority shall be included in the authorization statement.

(Ord. 2693 § 2, 2007; Ord. 2674 § 2, 2006; amended during 1999 recodification; Ord. 2487 § 1, 1998: Ord. 2486 § 2, 1998; prior code §§ 6391—6391.3)

A. The Chief of Police or his/her designee may immediately revoke without notice or hearing, the permit of any permittee who violates any section of this chapter or any provision of Chapter 15.34 (Fire Code) of the El Monte Municipal Code. Any permittee whose permit is revoked, shall be barred from receiving a permit under this chapter for up to one year from the date of revocation.

B. Upon the revocation of any permit issued pursuant to this chapter, the Chief of Police may order the immediate removal closure and removal of the previously permitted fireworks stand. The cost of such removal shall be borne solely and exclusively by the permittee. In the event the permittee shall fail to remove a fireworks stand within the period of time authorized by the Chief of Police, the Chief of Police may order the fireworks stand removed by the city and the cost incurred by the city for undertaking such removal shall be a joint and several liability of the permittee and all persons who caused the violation or violations giving rise to the revocation of the permit.

(Prior code § 6395.3)

(Ord. No. 21, § 5, 3-19-2013)

A. Each fireworks distributor/wholesaler who is supplying one or more of the non-profit organizations who is a permittee under this chapter, shall annually submit a public education plan to the city care of the City Manager no later than 5:30 p.m. on June 1. The 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 distributor/wholesaler within the city. Said public education plan should include but is not limited to samples of all the materials and the extent of distribution of all of the safety and education materials discussed in that wholesaler's /distributor's plan.

B. All fireworks distributors/wholesalers shall be required to procure and maintain a city of El Monte business license under Chapter 5.04 of the El Monte Municipal Code and pay the city's business license tax pursuant to El Monte Municipal Code Section 5.08.030.

(Ord. No. 21, § 6, 3-19-2013)