Section 5608.4 of the 2025 California Fire Code is hereby added to read as follows:

Sales. It shall be unlawful to engage in the sale of "Safe and Sane" fireworks in the City of Oakdale without first having secured a permit to do so.

(1) The total number of sales permits issued in any given year shall be limited to one per each 2,500 population or portion thereof. The sales permits will be limited to a total of those issued in 1999 - 15. No additional permits will be issued until the population exceeds the limited amount.

(2) Sales permits for the sale of "Safe and Sane" fireworks in the City of Oakdale shall be issued only to local nonprofit organizations.

(A) A "nonprofit organization" shall mean any nonprofit association, club, or corporation organized for veteran, patriotic, welfare, religious, civic betterment, youth or charitable purposes, as defined by Section501(c) of the Internal Revenue Code of the United States, or affiliated with a public school located within the city limits of Oakdale. Each new organization shall provide the City with a copy of their letters of incorporation as proof of their nonprofit status. Existing organizations shall submit verification of current corporation status from the State of California Secretary of State's Office. Those organizations that are an integral part of a recognized national organization having tax exempt status must provide IRS written verification of such status. All applications will be subject to additional verification with the State of California and IRS if nonprofit status comes into question.

(B) Public school organizations shall provide current written verification of affiliation from the school each year.

(C) A "local nonprofit organization" must have its principal and permanent meeting place in the City of Oakdale. The organization must have obtained nonprofit status and have been organized and established

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City of Oakdale, CA § 12-9

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in the City of Oakdale for a minimum of one continuous year preceding the filing of the application for permit. The organization must also have a bona fide membership of at least 10 members who reside in the City of Oakdale, which will be verified each year. Applications shall be signed by two bona fide officers of the eligible organization, wherein the officer, on behalf of the organization and its agents, agrees to abide by state laws, administrative regulations, and all stipulations of this Code and the permit if permission to operate a fireworks stand is granted to the organization.

(D) If any of the above items fail to be met at the time of application, the organization's application shall be denied.

(3) Sales permits for retail sales of "Safe and Sane" fireworks in the City of Oakdale issued pursuant to provision of this Code are not transferable by the holder of the permit. The sales permits may be used only by the organization to which they are issued. Violations will result in the immediate loss of the organization's sales permit.

(4) All applications for sales permits shall be in writing to the Fire Code Official and/or Chief on forms supplied by the Fire Department. Applications may only be filed during normal business hours from April 1 of each year up to and including April 30 of the same year, at which time the filing period for that year will close. A separate sales permit shall be required for each proposed location of a fireworks stand. Each organization may file an application for one sales permit for which there is only one tax ID number.

(5) Applications shall set forth the proposed location of the fireworks stand including the nine-digit parcel number (APN) of the Stanislaus County Assessor, a site map, and other information as may be required by the Fire Code Official and/or Chief.

(6) Applicants for sales permits shall be notified by May 15 of each year by the Fire Code Official and/ or Chief of approval or disapproval of such application. Sales permits will be issued after final inspection of the stand reveals compliance with all state and local regulations. Organizations shall not open for sales prior to the final inspection of their stand.

(7) Every application shall be accompanied by proof of insurance as specified in Section 3-1.128. Other items required at the time of application will be the organization's verification of eligibility as stated in 2(A) above, list of bona fide members, and current written permission signed by the property owner of record (with respect to lessee permission, approval shall be in the sole discretion of the Fire Code Official and/or Chief) to sell fireworks at that location. Organizations representing public schools, as stated in 2(B) above, require written verification from the school of their affiliation.

(8) Any local nonprofit organization as defined herein may make application for a sale permit but preapproved (continuously permitted since 1999) organizations will have first option for a permit.

(A) When additional sales permits are authorized and all current pre-approved organizations have applied for such permits, a lottery will be held to fill any vacancies.

(B) This lottery will be held on the first day following the last day of the filing period specified in Paragraph (4) and will include the names of all new local nonprofit organizations that have filed a complete application within the said filing period. If first day following the last day of the filing period falls on a weekend, the lottery will be held on the next business day.

(C) One organization will be drawn for each available vacancy. If the organization whose name is drawn declines the permit, another name will be drawn until each vacancy is filled.

(D) Any organization having an approved application that fails to open their stand for that sales year will automatically forfeit their permit and a new organization will be chosen the following year provided a

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City of Oakdale, CA § 12-9

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permit is available.

Sales, Storage, Use and Handling of Fireworks.