Huntington Park Municipal Code Ch. 8 Fireworks

No person shall offer for sale or sell any fireworks of any kind within the City without having first applied for and received a permit for fireworks sales during that year.

(§ 1, Ord. 908-NS, eff. June 20, 2013, as amended by § 1, Ord. 2019-974, eff. July 4, 2019)

Only safe and sane fireworks, as defined by Section 12529 of the Health and Safety Code of the State of California, may be sold in the City, such sales shall be limited to the time period of 12:00 noon on June 26th, and ending at 11:59 p.m. July 4th of each calendar year, provided such sales are made with a permit and in accordance with the provisions of this chapter. The City shall have the right to assign and operate as many fireworks stand locations to City departments for City program fundraising.

(§ 1, Ord. 908-NS, eff. June 20, 2013, as amended by § 1, Ord. 2019-974, eff. July 4, 2019)

(a) Applications for permits to sell fireworks:

(1) Shall be available in the Community Development Department located in City Hall;

(2) Shall only be accepted from a local non-profit organization.

For purposes of this chapter, a "local non-profit organization," "organization," and "applicant" shall mean a nonprofit organization, association, or group that:

(i) Possesses a valid and current non-profit status from the State of California, and

(ii) Is organized primarily for community service, religious or charitable purposes within the City of Huntington Park, or

(iii) Has been organized, established and provides services within the City of Huntington Park for a minimum of one year continuously preceding the filing of the application for the permit;

(3) Shall clearly identify the name and address of the organization. In addition, the application shall include at least one active member's name and title as an additional applicant and shall set forth such other information pertaining to the organization as the City of Huntington Park may reasonably request for investigation;

(4) Shall be made in writing, addressed to and filed with the Community Development Department;

(5) Shall be submitted between March 1st and April 15th of each year except that when the last day falls on a day when the City Hall is closed, the application shall be submitted the following business day;

(6) Shall set forth the proposed location of the fireworks stand;

(7) Shall be accompanied by an assurance that, if the permit is granted to the applicant, the applicant, at the time of receiving notice that the permit has been granted, shall obtain insurance and provide the Building Official with a certificate issued to the applicant, for each fireworks stand location, showing insurance coverage in effect during the time covered by the permit as follows: insurance limits of not less than one million ($1,000,000.00) dollars per occurrence for bodily injury, property damage, and products liability, with the City, and its officers and employees, named as additional insured. Such insurance certificate shall be furnished for each fireworks stand location prior to the issuance of such permit, with the form of the certificate approved by the City's Risk Manager, City Attorney or designee;

(8) A copy of the required retail fireworks license from the State Fire Marshal shall be furnished prior to the issuance of such permit.

(b) The approval or denial of an application shall take place in the following manner:

(1) All complete applications submitted on or before April 15th will be presented to the City Council at the first meeting in June for consideration. Approval of fireworks permits shall be subject to the City Council.

(2) Applicants for such permits shall be notified by the Community Development Department or designee of the approval or denial of their application not later than the following business day proceeding the City Council's determination.

(3) The findings of the City Council, shall be endorsed on each of the applications and indicated by the words "granted" or "denied." If the application is denied, the Community Development Department shall give notice of such decision to the applicant and the reasons for the denial.

(§ 1, Ord. 908-NS, eff. June 20, 2013, as amended by § 1, Ord. 2019-974, eff. July 4, 2019)

(a) Application Fee. The non-refundable application fee for the processing of permit applications shall be $235 plus $100 per each fireworks stand location payable at the time of application.

(b) Temporary Use Fee. The non-refundable application fee for a temporary use permit shall be submitted along with a complete application to the Planning Division. temporary use permit fees shall be pursuant to the City Fee Schedule.

(c) Permit Fee. The permit fee for the sale of fireworks shall be one percent of gross retail sales as reported to the State of California Board of Equalization by the non-profit organization. No later than September 30th following the sale of fireworks, the non-profit organization shall submit the permit fee and a copy of the gross retail sales report to the Community Development Department. Any non-profit organization who does not provide the aforementioned items and pay the permit fee in a timely manner or falsify any information or documentation shall be assessed a penalty for an amount of 10% of the permit fee and may not be eligible to apply for a fireworks permit the following calendar year.

(d) The fees collected by the City of Huntington Park from the issuance of fireworks permits shall be used for Citysponsored fireworks shows, activities and City services related to fireworks such as environmental and police services.

(e) Organizations selling fireworks shall be required to obtain a temporary sales tax permit from the State Board of Equalization.

(f) Organizations shall be required to pay and obtain a City of Huntington Park Business License.

(§ 1, Ord. 908-NS, eff. June 20, 2013, as amended by § 1, Ord. 2019-974, eff. July 4, 2019)

(a) The City shall not issue more than seven permits in any one calendar year not including the City operated locations.

(b) In the event that the City receives more than seven applications from eligible organizations by the application deadline date of April 15th, then the City shall conduct a lottery to select applicants to receive permits up to the maximum number of permits available for issuance.

(c) Only one permit application from any one organization shall be accepted during the calendar year with the exception of schools. Public schools, charter schools and private schools may submit two permit applications provided the applications are submitted from two different groups, divisions, or sections within the same school or religious organizations. Organizations with multiple branches or subsidiaries shall be treated as one organization for purposes of this section.

(§ 1, Ord. 908-NS, eff. June 20, 2013, as amended by § 1, Ord. 2019-974, eff. July 4, 2019)

(a) Fireworks stands may be located only in the commercial, manufacturing or public Open Space zones of the City, excepting the Downtown Huntington Park Specific Plan area where fireworks shall be prohibited. All locations shall be approved by the City's Planning Division and County of Los Angeles Fire Department.

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

(c) "No Smoking" signs in letters of not less than four inches in height shall be prominently displayed on both the inside and outside of the fireworks stand. There shall be no smoking permitted within 15 feet of the fireworks stand.

(d) Each stand shall have at all times an adult of at least 21 years of age in attendance and in charge thereof when the stand is being used for the sale, dispensing, or storage of fireworks. Storage shall be as directed by the Fire Chief.

(e) All unsold stock and accompanying litter shall be removed from the location by 12:00 noon on July 6th.

(f) Sleeping or remaining in the stand after the close of business each day shall be prohibited.

(g) The fireworks stand shall be removed from the temporary location by July 18th, and all accompanying litter shall be cleared from such location by such time and date.

(h) The fireworks stand shall be set back five feet from the sidewalk. Fireworks stands shall not obstruct vehicular and pedestrian traffic. Fireworks stands shall not obstruct vehicular line of sight.

(i) Signs, not smaller than eight and one-half (8 1/2) inches by 11 inches, explaining the discharging prohibitions required by Section 4-8.09 shall be displayed at each sale window, in a manner that is clearly visible to fireworks purchasers.

(j) Overnight security shall be provided at the close of business and shall remain at the site until the fireworks booth is reopened for business.

(§ 1, Ord. 908-NS, eff. June 20, 2013, as amended by § 1, Ord. 2019-974, eff. July 4, 2019)

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

(a) All stands shall be constructed in a manner which will reasonably insure the safety of attendants and patrons.

(b) All fireworks stands shall be inspected by the City Building Inspector and shall comply with the requirements of the Building Code.

(c) All stands must comply with the requirements for position, placement, composition as set forth in this section and the Los Angeles County Fire Code.

(d) An electrical permit shall be obtained by a licensed contractor for all electrical work requiring electrical permit.

(§ 1, Ord. 908-NS, eff. June 20, 2013, as amended by § 1, Ord. 2019-974, eff. July 4, 2019)

(a) 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. No person under 18 years of age may occupy the interior of the stand, and no person, other than the members actually engaged in selling the fireworks, shall occupy the interior of the stand.

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

(c) No sale shall be made to any person under 16 years of age.

(d) All counters, aisles, cases, and storage places shall be kept clear of all papers and combustible trash, which shall be removed daily or more often as required.

(e) Fireworks shall be stored in stands only and shall not be stored in any other location during the legal sale period. No supplies or other materials shall be stored in front of exit doors. Storage shall be as directed by the Fire Chief.

(f) It is unlawful for anyone to light, or cause to be lighted, any fireworks or other combustible materials within any such stand or within 15 feet of the stand.

(g) State licenses and City permits to sell fireworks, and the temporary sales tax permit, shall be displayed in a prominent place in the fireworks stand.

(h) No sales shall start until stands are inspected and approved by both the City's Building Inspector and County of Los Angeles Fire Inspector.

(§ 1, Ord. 908-NS, eff. June 20, 2013, as amended by § 1, Ord. 2019-974, eff. July 4, 2019)