Chapter 119 — FIREWORKS

(A) It is unlawful for any person to sell any “safe and sane fireworks,” as defined in Cal. Health and Safety Code §§ 12529 and 12562 without first having applied for and received a permit therefor.

(B) The fee for a permit to sell such fireworks will be as set forth in the Master Fee Schedule and amended from time to time. No part of the fee shall be refunded upon revocation of the permit.

(Prior Code, § 3990) (Ord. 97-4, passed 4-7-1997; Ord. 03-02, passed 5-5-2003; Ord. 05-04, passed 4-4-2005) Penalty, see § 10.99

Applications for a permit under this chapter shall be made to the City Clerk, or his or her designee, and shall:

(A) Be made in writing on a form supplied by the city and accompanied by a tender of the permit fee;

(B) Be made after the second Tuesday in April of each year and before the last business day of May;

(C) Describe by street address the proposed location of the fireworks stand for which the permit is requested;

(D) Be accompanied by a general liability insurance policy of at least $1,000,000, with the premium pre-paid, for a term not less than the term of the permit, naming the city, its officers, agents, and employees as additional named insured, and covering liability for monetary damages resulting from bodily injury, property damage, or personal injury, including false arrest, libel, wrongful entry, discrimination, and assault;

(E) Be accompanied by the organization’s certified statement of non-profit status;

(F) Be accompanied by an assurance in writing that the applicant, if permitted, will neither sell nor purvey, nor suffer or permit any person to sell or purvey at the permittee’s fireworks stand any “dangerous fireworks” as defined in Cal. Health and Safety Code § 12505;

(G) Be accompanied by a signed written approval of property owner that the fireworks stand shall be allowed on the property owner’s property and include a business telephone number at which the property owner may be reached;

(H) Include a designation of all non-profit associations or corporations to which the applicant intends to distribute the net proceeds of its fireworks sales and the communities (for example, Grover Beach, Arroyo Grande, Nipomo, Santa Maria, and the like) and residents of those communities (for example, youth, seniors, residents at large, visitors, businesses, and the like) that will benefit from the non-profit association or corporation through the net proceeds of its fireworks sales; and

(I) State the person and such person’s daytime telephone number which the City Clerk, or his or her designee, shall notify regarding the granting or denial of the permit.

(Prior Code, § 3991) (Ord. 97-4, passed 4-7-1997; Ord. 05-04, passed 4-4-2005)

(A) No person other than the permittee shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand unless otherwise approved by permit.

(B) No person other than the individuals who are members or volunteers on behalf of a permittee’s organization shall participate in the operation of the fireworks stand.

(C) No person shall be paid or given any consideration for participating in the operation of a fireworks stand, except as a night watchman.

(D) Fireworks may only be sold at the stand location set forth in the permit.

(E) It is unlawful for any person to sell or otherwise distribute fireworks without complying with each of the following provisions.

(1) Fireworks stands need not comply with the provisions of the State Building Code provided that all stands are erected under the supervision of the Fire Chief (or his or her designee) who shall require that stands be constructed in a manner which will reasonably assure the safety of attendants and patrons.

(2) If, in the judgment of the Fire Chief (or his or her designee), the construction or the location of a stand, or the conduct of operations therein do not conform with the provisions of this chapter, the Fire Chief (or his or her designee) may order the stand immediately closed until such time as the stand does conform with the provisions of this chapter. (3) (a) If the permittee has materially falsified any statement in the application or has failed to perform any agreement, assurance, or representation made in connection with the application, the Fire Chief (or his or her designee) shall revoke the permit and order the stand immediately closed and neither the permittee nor any successor to the permittee shall be permitted under this chapter during the next following year.

(b) Such decision shall be immediately appealable in writing to the City Manager who shall conduct an informal hearing at the earliest opportunity.

(4) The front of all stands shall be completely enclosed from the counter to the roof with hardware wire cloth, the openings of which do not exceed one-fourth inch in size except for openings to permit delivery of merchandise to customers, which openings for delivery are not larger than 12 inches by 18 inches in size and the location of which are approved by the Fire Chief (or his or her designee).

(5) No person shall be allowed in the interior of the stand except those directly participating in its operation.

(6) No person under the age of 18 years shall be allowed to sell fireworks, work in any way, unload fireworks supplies, or otherwise be in the stand or involved in its operation.

(7) All merchandise shall be stored or displayed at a safe distance from the front and side walls of the stand in accordance with the direction of the Fire Chief (or his or her designee).

(8) No stand shall be constructed which has a depth of more than 12 feet.

(9) Each stand in excess of 20 feet in length must have at least two exits; and each stand in excess of 30 feet in length must have at least three exits spaced approximately equal along the length of the stand; provided, that in no case shall the distance between exits exceed 20 feet.

(10) Exit doors must swing in the direction of egress.

(11) Exits shall be arranged so that there will be egress available in at least two directions from any place within the stand, which exits shall be approximately diametrically opposed.

(12) The stand must be equipped with at least one fire extinguisher and one five-gallon pail of water at each exit. The fire extinguisher must be approved as to efficiency, adequacy, and safety by the Fire Chief (or his or her designee).

(13) No stand shall be located closer than 100 feet from any other stand.

(14) No stand shall be located closer than ten feet from a property line, nor closer than 30 feet from any building, nor closer than ten feet from any structure other than a building.

(15) All weeds and combustible materials shall be cleared for a distance of 50 feet surrounding the stand.

(16) No food, beverage, or merchandise other than fireworks may be sold in or within a distance of 30 feet surrounding the stand.

(17) The sale of fireworks shall not begin before noon on the June 28 and shall cease at noon on July 5. Sales during this time period shall be limited to 9:00 a.m. to 11:00 p.m. each day. Any permittee failing to observe these hours designated for sale may have their permit revoked or be ineligible for a permit in subsequent years.

(18) All unsold fireworks stock and associated litter from the stand shall be removed from the stand location by noon on July 7.

(19) The stand shall be removed from its temporary location by noon on July 7.

(20) The permittee shall also comply with all applicable state laws pertaining to the sale of fireworks and operation of the stand.

(Prior Code, § 3992) (Ord. 97-4, passed 4-7-1997; Ord. 05-04, passed 4-4-2005; Ord. 11-02, passed 6-6-2011) Penalty, see § 10.99

No association may receive more than one permit for fireworks sales during any one calendar year. No association shall operate more than one fireworks stand under permit during any one calendar year. No more than one permit for every 3,000 people of population in the city shall be issued by the city in any calendar year. The City Chamber of Commerce shall have the right of first refusal for one permit. The City Police and Fire Associations shall have the right of first refusal to share one permit. Remaining permits shall be issued per § 119.05. (Prior Code, § 3993) (Ord. 05-04, passed 4-4-2005)

(A) No permit shall be issued except to an applicant who is a non-profit association or corporation organized primarily for veteran, patriotic, welfare, city betterment, religious, or charitable purposes, having on file with the city proof of non-profit status from either the IRS, the Secretary of State, or the State Attorney General; and having its principal and permanent meeting place in the city; and having been organized and established in the city for a minimum of three years continuously preceding the filing of the application for the permit; and having three years continuously preceding the filing of the application for the permit, and a track record of providing programs and/or services to residents of the city.

(B) If on the closing date for filing applications for permits there are more applications than the number of permits allowed, the permittees shall be selected by a drawing conducted by the City Clerk, or his or her designee.

(C) Prior to the installation of any stand for which a permit has been obtained, the City Clerk, or his or her designee, shall first submit the proposed location of each stand to the Chief of Police who has the authority to disapprove the location if, in the Chief’s opinion, a traffic hazard will be created thereby; and to the Fire Chief who has the authority to disapprove the location if, in the Chief’s opinion, the location would pose a fire hazard. (Prior Code, § 3994) (Ord. 97-4, passed 4-7-1997; Ord. 05-04, passed 4-4-2005) Penalty, see § 10.99

(A) Each association granted a permit shall by May 1 of the calendar year after which the permit was issued submit a verified financial statement to the City Clerk, or his or her designee, showing the total gross receipts, all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof, and to whom and for what purpose the net proceeds were distributed.

(B) Such financial statements shall be made on forms furnished by the City Clerk, or his or her designee, or photocopied directly from the association’s financial report. The filing of such verified financial statement shall be a condition precedent to the granting of any subsequent permit to any such association. (Prior Code, § 3995) (Ord. 97-4, passed 4-7-1997; Ord. 05-04, passed 4-4-2005)

Discharge of “safe and sane fireworks” shall only occur from 10:00 a.m. on July 4 through 10:00 p.m. on July 4. No person under 18 years of age may possess or discharge “safe and sane fireworks” except when under the direct supervision of a person 21 years of age or older.

(Prior Code, § 3996) (Ord. 11-02, passed 6-6-2011; Ord. 20-04, passed 5-18-2020) Penalty, see § 10.99

(A) Social host liability; purpose.

(1) This section authorizes the imposition of administrative fines on any person, including any "social host" who violates any provision of this section in order to encourage and to obtain compliance with the provisions of this chapter for the benefit and protection of the entire community. This section governs the imposition, enforcement, collection, and administrative review of all administrative fines, related to: the possession, use, storage, sale, and/or display of those fireworks classified as "dangerous fireworks" in Cal. Health and Safety Code §§ 12500, et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of "safe and sane fireworks" as defined in Cal. Health and Safety Code §§ 12500 et seq. on or at dates, times and/or locations other than those permitted by this chapter. Said administrative fines are imposed under authority of Cal. Government Code § 53069.4, Cal. Health and Safety Code § 12557, and the police power of the city.

(2) The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized hereunder; and the issuance of a citation to any responsible person constitutes but one remedy for the city to redress violations of this code. By adopting this section, the city does not intend to limit its ability or authority to employ any other remedy, civil or criminal, to redress any violation of this code by any responsible person.

(3) The imposition of fines related to "dangerous fireworks" under this section shall be limited to host(s) who possess, sell, use and/or display, or the seizure of, 25 pounds or less (gross weight) of such dangerous fireworks. (4) Fines collected pursuant to this chapter related to "dangerous fireworks" shall not be subject to Cal. Health and Safety Code § 12706, which provides that certain fines collected by a court of the state be deposited with, and disbursed by, the County Treasurer. Instead, fines collected pursuant to this section related to "dangerous fireworks" shall be subject to Cal. Health and Safety Code § 12726, which section provides that 65% of all administrative fines or penalties collected by the city shall be forwarded to the Controller of the State of California for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Cal. Health and Safety Code § 12728.

(5) This section imposes a duty upon the owners of all real property to ensure that there are no violations of this code related to "dangerous fireworks" on such real property. Each violation of this code, whether on the same day or different day, shall constitute a separate violation and shall be subject to a separate administrative fine.

(B) Definitions. The following definitions apply to the use of these terms for the purposes of this section relating to social host liability.

CITATION. An administrative citation issued pursuant to this section to remedy a violation.

CITEE. Any person served with an administrative citation charging him or her as a responsible person for violation.

CODE. The City of Grover Beach Municipal Code or any law, rule, regulation, or code that is adopted by reference.

CODE ENFORCEMENT OFFICER. Any person duly authorized to enforce the provisions of this code.

PERSON. A natural person or a legal entity that is also an owner, tenant, lessee and/or other person with any right to possession or control of the property where a violation of this code occurred.

RESPONSIBLE PERSON. A person or host who causes a code violation to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation

to occur, or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on the county's latest equalized property taxes assessment rolls, and a lessee of a residential parcel has a notice of any violation existing on said property. For purposes of this section, there may be more than one responsible person for a violation. Any person, irrespective of age, found in violation of any provision of this section may be issued a citation in accordance with the provisions of this section. Every parent, guardian or other person, having the legal care, custody or control of any person under the age of 18 years, who knows or reasonably should know that a minor is in violation of this section, may be issued a citation in accordance with the provisions of this section, in addition to any citation that may be issued to the offending minor.

SOCIAL HOST or HOST. A person who is:

(a) Any owner of private property as listed on the most recent assessment roll; and/or

(b) Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; and/or

(c) Any person who hosts, organizes, supervises, officiates, conducts, sponsors, or accepts responsibility for a gathering on public or private property.

VIOLATION or VIOLATES. Any violation of any provision of this code.

(C) Issuance of administrative citation. Whenever a Code Enforcement Officer determines that a violation of the code has occurred, the officer may issue an administrative citation on a city-approved form listing the code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this section and this code.

(D) Host liability.

(1) Except as may be pennitted by state law, no host shall permit or fail to prevent the possession, sale, use, display, explosion, or discharge of any dangerous firework on the host's property, or an adjacent public of private street or sidewalk, within the City of Grover Beach.

(2) A host who permits or fails to prevent any discharge of dangerous fireworks on a property under their possession or control, or on adjacent public or private street or sidewalk, shall be deemed to have actual or constructive knowledge that dangerous fireworks have been discharged if the host has not taken all reasonable steps to prevent the discharge of dangerous fireworks.

(3) There is a rebuttable presumption that the record owner of a private property, as shown on the county's latest equalized property taxes assessment rolls, and a lessee of the property have notice of any violation existing on or from said property.

(4) It is the duty of any host to take all reasonable steps to prevent the discharge of dangerous fireworks on the host's property, or on an adjacent public or private street or sidewalk, within the City of Grover Beach.

(5) The provisions of this section shall not apply to:

(a) The possession, manufacture, storage, display, sale, use, or discharge of safe and sane fireworks as permitted under federal or state law.

(b) A host who initiates contact with law enforcement or fire officials to assist in removing any person, or dangerous fireworks, from the host's property or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this chapter.

(c) No person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for dangerous fireworks violations occurring in the common areas of the property, unless such person is determined to be a responsible person.

(E) Administrative fines for fireworks violations.

(1) Each person who violates any provision of this code as it relates to the possession, use, storage, sale and/or display of "dangerous fireworks" shall be subject to the imposition and payment of an administrative fine or fines as provided below.

(2) Administrative fine(s) issued pursuant to this section shall be due and payable in accordance with §§ 37.015 et seq. and the citee shall be required to abate the violation and immediately surrender all illegal fireworks to the law enforcement personnel, and/or fire personnel. For penalties not paid in full within that time, a late charge in the amount set by resolution of the City Council may be imposed and must be paid to the city by the citee.

(a) Notwithstanding the provisions of §§ 37.015 et seq., any social host or responsible person who violates this section shall be subject to administrative fines based on the quantity of fireworks possessed, used, ignited, or discharged on the premises.

• (b) Administrative fines shall be imposed as follows:

1. One to ten fireworks shall result in an administrative fine of $1,000.

2. Ten to 20 fireworks shall result in an administrative fine of $3,000.

3. Gross violations of more than 20 fireworks shall result in an administrative fine of $5,000.

(3) Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of the code, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of the code.

(4) Notwithstanding the provisions of §§ 37.015 et seq., failure to pay an administrative citation under this section does not constitute a separate and distinct violation subject to a separate and distinct civil fine; however, late fees may be assessed for failure to timely make payment pursuant to §§ 37.015 et seq.

(a) Notwithstanding any other remedies available to the city for collection of civil fine payments pursuant to §§ 37.015 et seq., the city may send non-payments of administrative citations pursuant to this section to a third party collections agency after 30 of days.

(F) Appeals. Appeals for administrative citations issued in conjunction with this chapter will be handled in accordance with §§ 37.015 et seq.

(1) Notwithstanding the procedures set forth in § 37.037, a responsible person may request a preliminary civil citation review. The request for a preliminary civil citation review shall be actually received by, submitted to, and conducted/reviewed by the Police Department.

(a) Notwithstanding the procedures set forth in § 37.037, the request for a preliminary civil citation review shall be submitted and received by the Police Department within ten calendar days of the date of issuance of the civil citation.

(b) The preliminary civil citation review shall consist of a review of the citation, the written statement and any other evidence submitted at the time of the request by the responsible person and, at the discretion of the reviewer, any other related information. The review shall be decided within three business days ofreceipt of the request. A written decision shall be provided to the responsible party at such time.

(2) Notwithstanding the provisions of §§ 37.015 et seq., in the case of an appeal, late fees shall be tolled and not assessed until after the conclusion of a hearing.

(3) Notwithstanding the provisions of §§ 37.015 et seq., any person aggrieved by a preliminary civil citation review decision may seek final review by the City Manager, or designee, by filing a written appeal with the City Manager's Office within 30 calendar days of an preliminary civil citation review decision pursuant to § 37.039.

(a) The written appeal must indicate the grounds for contesting the civil citation and/or civil fine.

(b) To be effective and complete, the city must actually receive the request within 30 calendar days of the date the preliminary civil citation review decision. Where the responsible person mails a request, the request shall be deemed filed on the date actually received by the city.

(c) Upon receipt of an appeal to the City Manager, or designee, the City Manager or designee shall have 30 of calendar days to set a hearing and ten business days after the hearing to issue a written decision to the appeal. There shall be no further hearing and the decision shall exhaust the responsible person's administrative remedies. (G) Misdemeanor. Notwithstanding any other remedy for violation of this section, any person who violates the provisions of this chapter may additionally be guilty of a misdemeanor which shall be enforced pursuant to the provisions of §§ 37.015 et seq.

(Ord. 25-02, passed 5-27-2025; Ord. 26-02, passed 5-11-2026)