Temple City Municipal Code Art. C Pumpkin and Christmas Tree Sales

No person shall conduct pumpkin or Christmas tree sales without first applying for and receiving a permit as provided in this section. (Ord. 96-794)

A. Every pumpkin sales lot shall submit to the city by March 1 of each year and Christmas tree sales lot by April 1, a copy of the state board of equalization's state, local and district sales and use tax return from the operation of the pumpkin or Christmas tree lot for the prior year. Failure to comply with this section shall result in the following:

1. Unable to get a permit for the following year; and

2. The deposit placed with the city shall be held until such time the report is filed but no longer than one year from the due date, at which time the deposit is thereby forfeited to the city. (Ord. 96-794)

A. The issuing authority shall be the city manager or designee.

B. All applicants will be required to complete a pumpkin sales or Christmas tree sales application.

C. Pumpkin sales applications shall be submitted by September 30 and Christmas tree sales applications shall be submitted by November 30.

D. A separate permit shall be required for each location.

E. Each application shall be accompanied by a nonrefundable permit fee as set and/or modified by resolution of the city council.

F. A refundable deposit of two hundred fifty dollars ($250.00) shall be required for each location. Such deposit shall be refunded to the permittee upon compliance with all code provisions. Locations shall be cleared of all debris and restored to their original condition by November 5 for pumpkin lots and December 31 for Christmas tree lots. Such deposit shall be forfeited and retained by the city in the event of noncompliance.

G. Each application shall be accompanied by a certificate of insurance in the amount of one million dollars ($1,000,000.00) public liability with an endorsement attached to the policy designating the city of Temple City as additional insured. The insurance company providing the coverage must be "admitted" in the state of California.

H. Each application shall include a diagram showing storage, display area, sales office and available parking.

I. Each application shall contain a plan for the proposed signage for review and approval by the city's planning department.

J. Each application shall include written permission from property owner of proposed lot site. (Ord. 96-794)

Each such application shall show the following:

A. Name and address of applicant.

B. The location where the applicant will sell pumpkins or Christmas trees.

C. The applicant's state board of equalization sales tax permit number. (Ord. 96-794)

Upon approval of pumpkin or Christmas tree sales permit, applicant shall be issued a separate temporary business license. The fee shall be set by resolution of the city council. (Ord. 96-794)

The following regulations shall be complied with in the operation of pumpkin or Christmas tree lots:

A. "NO SMOKING" signs shall be prominently displayed both inside and outside the location.

B. Strict adherence to the fire prevention bureau inspection guide as outlined below or as modified at any given time:

1. Tents shall not be used for the purpose of storage, display or uses requiring the public to enter the same. However, flameproofed canopies without sides will be permitted.

2. All electrical wiring shall be installed and approved under permit of the Los Angeles County division of building and safety.

3. All heating appliances must be of an approved type.

4. First aid firefighting appliances shall be provided, as required by the fire prevention bureau.

5. Spray painting with flammable liquids shall be permitted only in approved locations; provided trees painted are only retailed on the same lot.

6. Storage or handling flammable liquids shall conform to requirements of the county fire prevention code.

7. No open burning will be permitted on any lot.

8. The storage and display of pumpkins or trees, decorations and similar material shall be in such a manner as to prevent the creation of any undue fire or life hazard to the public, adjacent building or property.

C. All weeds and combustible material shall be cleared from the lot location. No rubbish shall be allowed to accumulate in or around any lot, nor shall a fire nuisance be permitted to exist.

D. All stands must be equipped with at least one fire extinguisher, type 2A, for each exit in the stand, which fire extinguishers must be approved as to efficiency and safety by the fire department.

E. No pumpkin lot shall commence sales before October 1 of any year and no Christmas tree lot shall commence sales before December 1. Each pumpkin sales lot shall be cleaned up to the satisfaction of the city by November 5. Each Christmas tree sales lot shall be cleaned up to the satisfaction of the city by December 31. (Ord. 96-794)

Each lot where pumpkins or Christmas trees are sold may have no more than two (2) banners and one freestanding sign. The maximum total surface area of all banners shall not exceed thirty two (32) square feet. The surface area of the freestanding sign shall not exceed thirty two (32) square feet per face. No signs shall be installed prior to the issuance of the business license and not more than forty five (45) days prior to the required date of the sign's removal. All signs for pumpkin sales location shall be removed on or before November 5 of the year in which it was installed. All signs for Christmas tree sales locations shall be removed on or before December 31 of the year in which it was installed. (Ord. 96-794)