Wasco Municipal Code Ch. 5.32 Fireworks

Sections: 5.32.010 Compliance with provisions required. 5.32.020 Sale--License required. 5.32.030 License--Application--Contents--Fee. 5.32.040 License--Granting or rejection--Notice--Date. 5.32.050 License--Issuance--Prerequisites--Procedure. 5.32.060 Stand--Operation. 5.32.070 Stand--Construction and safety requirements. 5.32.080 Licensee--Requirements generally. 5.32.090 Tax--Amount--Due date. 5.32.100 Temporary sales tax permit required. 5.32.110 License and tax permit--Display required. 5.32.120 Discharge--Restrictions. 5.32.130 Violation--Penalty.

"Safe and sane" fireworks, as defined by section 12529 of the Health and Safety Code of the State of California, may be sold and discharged within the city during the period beginning at twelve noon on the twenty-eighth day of June and ending at eight p.m. on the fifth day of July each year, pursuant to the provisions of this chapter and not otherwise. (Ord. 473 §1, 2002).

Except as provided in this chapter, no person shall offer for sale or sell at retail any fireworks of any kind in the city without having first applied for and received a license therefor. (Ord. 473 §1, 2002).

All applications for a license to sell fireworks shall:

A. Be made in writing, accompanied by a license fee of one hundred dollars. The fee is not for the purpose of revenue, but will be used to defray the cost of inspection and supervision;

B. Except in the initial year, application shall be made between the first day of March and the fifteenth day of May of each year, the following business day shall be determined to be the last day;

C. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in an appropriate zone in accordance with the city of Wasco Zoning Ordinance, or on publicly owned property, or property owned by a non-profit association or corporation as described in Section 5.32.050(A) and the written permission of the owner of record or lease must accompany the application;

D. Be accompanied by an assurance that if the license is issued to applicant, applicant shall, at the time of receipt of the license, deliver to the finance director’s office one million dollars in commercial general liability insurance certificates designating the city as an additional assured thereunder, and a copy of the requisite permit from the state fire marshal;

E. Include a statement that the applicant agrees to comply strictly with the terms of any retail permit granted to it and to furnish any additional information upon request of the city manager or a committee designated by the city council. (Ord. 473 §1, 2002).

Applicants for any fireworks license shall be notified by the finance director’s office by June 20th of the granting or rejection of the application for a license from the city of Wasco building department. (Ord. 473 §1, 2002).

The following qualifications must be met by each applicant for a license issued under this chapter:

A. No license shall be issued to any person, firm or corporation except nonprofit associations or corporations organized primarily for veteran, patriotic, religious, welfare, charitable, civic betterment or youth activities.

B. Each such organization must have its principal and permanent meeting place in the corporate limits of the city, must maintain a bona fide membership of at least twenty members, and must have been organized and established in the city’s corporate limits for a minimum of one year continuously preceding the filing of the application for the license.

C. No organization may receive more than one license for fireworks sale during any one calendar year. One license may be issued to two or more qualifying applicants as a joint venture. The maximum number of licenses which may be issued pursuant to this chapter during any one calendar year shall not exceed one license for each four thousand residents of the city, or fraction thereof, based on the latest state department of finance population estimate.

D. If the number of applications exceed the number of licenses to be issued, the licensees during the preceding year shall have first priority for the available licenses, provided each license retains the same participating organization which operated under the license during the preceding year. Each participating organization shall be deemed to be a co-licensee and joint venturer with the licensee claiming first priority, and shall have the same duties and liabilities under the license. If there are any additional licenses available, such additional licenses shall be granted by a drawing supervised by the finance director. (Ord. 473 §1, 2002).

A. No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand.

B. No person other than the individuals who are members of the licensee 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.

C. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand. (Ord. 473 §1, 2002).

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

A. No fireworks stand shall be located within thirty feet of any other building, nor within one hundred feet of any gasoline pump.

B. Fireworks stands need not comply with the provisions of the building code of the city; provided, however, that all stands shall be inspected to verify that stands are constructed in a manner that will reasonably insure the safety of attendants and patrons prior to opening.

C. No stand shall have a floor area in excess of three hundred square feet.

D. Each stand in excess of twenty-four feet in length must have at least two exits; and each stand in excess of forty feet in length must have at least three exits, spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty-four feet.

E. Each fireworks stand shall be provided with two 2-A rated water base fire extinguishers. Each such extinguisher shall be properly serviced and tagged, and easily accessible for use in case of fire. (Ord. 557 §1 (Exh. A), 2007; Ord. 473 §1, 2002).

A. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty feet surrounding the stand.

B. "No Smoking" signs shall be prominently displayed on the fireworks stands.

C. Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein. Sleeping or remaining in the stand after close of business each day is forbidden.

D. The sale of fireworks shall not begin before twelve noon on the twenty-eighth day of June, and shall not continue after eight p.m. on the fifth day of July.

E. All unsold stock and accompanying litter shall be removed from the location by five p.m. on the sixth day of July.

F. The fireworks stand shall be removed from the temporary location by twelve noon on the eighth day of July, and all accompanying litter shall be cleared from the location by this time and date.

G. Prior to the issuance of a license, each applicant shall file with the finance director a cash deposit, certificate of deposit or a surety bond made payable to the city in the amount of one hundred dollars, to assure compliance with the provisions of this chapter. Such deposit or certificate shall be refundable upon compliance with the provisions and requirements of this chapter, including, but not limited to, the removal of the stand from the site. In the event the licensee does not so comply or remove the stand or clean the site in the manner required by the building department, the city may do so, or cause the same to be done by other persons, and the reasonable costs thereof shall be a charge against the licensee and his surety and the deposit, certificates and bond. (Ord. 473 §1, 2002).

The license tax for the selling of fireworks within the city shall be one hundred dollars per year per stand, which fee must be paid at the time application for a stand is filed with the finance director’s office. (Ord. 473 §1, 2002).

Organizations licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the regional office of the state board of equalization. (Ord. 473 §1, 2002).

License to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord. 473 §1, 2002).

It is unlawful for any person to ignite, explode, project, or otherwise fire or use any fireworks, or permit the ignition, explosion or projection thereof upon or over or onto the property of another without his consent, or to ignite, explode, project, or otherwise fire or make use of, any fireworks within ten feet of any residential dwelling, or other structure used as a place of habitation by human beings. (Ord. 473 §1, 2002).

Persons violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed five hundred dollars or by imprisonment in the city or county jail for a period not exceeding thirty days, or by both such fine and imprisonment. Further, the license shall be revoked. (Ord. 473 §1, 2002).