Placentia Municipal Code Ch. 18.12 Christmas Tree Sales and Lots

The purpose of this chapter is to set out the conditions under which persons may publicly sell Christmas trees and related merchandise including, but not limited to, pine cones, holly wreaths and mistletoe; provided, that any condition may be waived by the city council

(Ord. 93-O-102 § 1, 1993)

(a) A city business license, a state sales tax license and all other required licenses and/or permits shall be obtained from the city license and tax collector. Such application and all other documents, permits and/or licenses required must be submitted and accepted by the city license and tax collector no later than three weeks prior to commencement of sales and in no case later than November 20th of the year that sales are proposed.

(b) Permits for the sale of Christmas trees, and/or related merchandise shall be issued only to:

(1) Established retail businesses who have held an unrevoked business license in the city for at least six months prior to making application for such permit and whose principal place of business is within the corporate limits of the city; or

(2) To any fraternal, benevolent, patriotic, charitable, civic or religious organization, not organized for profit and having its principal office and/or meeting place within the corporate limits of the city for at least six months prior to the date of application for a permit to sell Christmas trees and/or related merchandise, and shall have a substantial number of its members residing in the city.

(Ord. 93-O-102 § 1, 1993)

(a) If the person(s) proposing to sell trees is not the owner of the premises upon which the sales and related operations are to occur, said person(s) shall obtain written permission of the owner of the premises for the use thereof and shall file copies of said permission with the city license and tax collector prior to the commencement of any sales, storage of trees, or other use.

(b) Sales and other operations shall be prohibited between the hours of 12:00 midnight and 7:00 a.m. This prohibition shall include tree delivery and similar trucking.

(c) A person under 18 years of age shall not be permitted to work or assist on the premises unless the prior written consent of the parents of said person has been filed with the city license and tax collector. In no event shall a person under the age of 18 years be permitted to work or assist on the premises unless he or she is under immediate and direct supervision of a person 21 years of age or older.

(d) Smoking shall be prohibited within five feet of trees and other merchandise and within 10 feet of painting, spraying, dipping or flocking operations.

(e) All painting, spraying, dipping and flocking operations performed on the premises shall be located at the rear of the premises. The area used for said operation shall be blocked off on three or four sides with solid fencing at least four feet in height. Materials used in said operations shall be limited to state Fire Marshal or Underwriters' Laboratories (UL) approved flame retardant or water base paint solution.

(f) Prior to installation or hook-up, all lighting and other electrical facilities proposed shall be approved by a city building inspector.

(g) If sewer septic-tank/connected toilet facilities are not available on a 24 hour basis on the premises, chemical toilet facilities shall be provided on the premises.

(h) No tent or canvas structure of any type shall be permitted on the premises.

(i) No alcoholic beverages shall be consumed on the premises.

(j) Those portions of the premises adjacent to public or private thoroughfares, roadways, driveways or parking areas shall be cordoned off by means of a rope, wire, barricades or the like, at a minimum height of three feet; provided, that entrances and exits to the premises may be left open with the approval of the police department.

(Ord. 93-O-102 § 1, 1993)

(a) Signs, trees and other merchandise shall be positioned at least 15 feet from any drive approach or public sidewalk.

(b) Signs, trees and other merchandise shall not encroach upon publicly owned rights-of-way.

(c) "No Smoking" signs shall be posted to the satisfaction of the fire department. Said signs shall have letters not less than four inches in height and not less than three-fourths inch in width with a brush stroke not less than one-eighth inch wide and shall be of a configuration and color so as to be easily readable from a distance of at least 25 feet.

(d) No Christmas tree lots shall post signs on the lots in letters less than four inches in height and not less than three-fourths inch in width with a brush stroke not less than one-eighth inch wide stating the name of the club or organization offering Christmas trees and related items for sale. Signs shall be posted in a conspicuous place and shall be visible to the public from all adjacent streets.

(Ord. 93-O-102 § 1, 1993)

(a) Certificates of insurance providing public liability and property damage coverage, each in the amount of $100,000 shall be filed with the city license and tax collector prior to commencement of sales.

(b) Prior to the issuance of the permit by the city, the applicant shall deposit a cash bond in the amount of $100 with the city license and tax collector to guarantee that the permittee shall remove all equipment, trash and rubbish from the premises on which the sales lot is located to the satisfaction of the chief building official, on or before December 31st of the year for which the permit is granted. If the permittee fails to comply with this section, then the city or its agents or employees may enter upon the premises and do all things necessary to clean the premises and the cash bond shall be forfeited to the city as compensation for this work.

(Ord. 93-O-102 § 1, 1993)

(a) The sales and other public areas shall be cleared before opening and shall be maintained free of weeds, holes and hazards throughout the operation to the satisfaction of the chief building official or representative.

(b) If sleeping facilities are provided on the premises, they shall be inspected and approved by the chief building official prior to use, with reference to size, type and location of the facility on the premises. Acceptable sleeping facilities will be:

(1) Camper;

(2) Trailer.

(c) No open fires, flames or other sources of ignition will be permitted on the premises except that Underwriters' Laboratories (UL) approved heating devices may be allowed with prior approval of the chief building official.

(d) At least two and one-half (2.5) gallon water extinguishers shall be provided on the premises. Said extinguishers shall have a current inspection tag by a licensed fire extinguisher service agency and shall be maintained at all times where the trees and related merchandise are sold, stored and/or handled. The chief building official may, upon written request of the applicant, consider other fire protective measures that provide substantially the same fire protection.

(Ord. 93-O-102 § 1, 1993)