Yolo County Municipal Code Art. 4 Permits Required for the Sale of Safe and Sane Fireworks

Sec. 4-2.401.

Any person desiring to sell safe and sane fireworks within the unincorporated area of Yolo County must first have applied for and received a permit from the fire chief of the fire protection district in which the sale is to occur. (§ 3, Ord. 1261, eff. May 17, 2001, as amended by § 2, Ord. 1574, eff. July 3, 2025)

Sec. 4-2.402.

The permit requirement set forth in Section 4-2.401 and the criteria set forth in Section 4-2.403 of this Chapter shall not apply to a fire protection district that desires to sell safe and sane fireworks within the boundaries of its district to raise funds for that fire protection district so long as the fire protection district fully complies with all other requirements of this Chapter for the sale of safe and sane fireworks. Except as may be otherwise indicated in a particular provision, all other provisions of this Chapter shall apply to a fire protection district that desires to sell safe and sane fireworks on its own financial behalf. (§ 3, Ord. 1261, eff. May 17, 2001, as amended by § 2, Ord. 1574, eff. July 3, 2025)

Sec. 4-2.403.

No permit to sell safe and sane fireworks shall be issued to any person except to a non-profit corporation or non-profit unincorporated association that meets all of the following criteria:

a. The principal purpose of the organization is youth service or youth welfare or the organization is a non-profit association, charity, corporation, or fraternal association organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes and sponsors organizations which have as their principal purpose youth service or youth welfare.

b. The principal and permanent meeting place of the organization or the sponsoring organization is within the fire protection district in which the sales are to occur.

c. The organization has been organized and established in Yolo County for a continuous period of at least one year immediately preceding the application for a permit.

d. No organization shall submit more than one application annually for one permit to sell safe and sane fireworks within the unincorporated area of Yolo County.

e. The organization has a bona fide membership of at least fifteen members.

f. A minimum of 90% of the profits from the sale of safe and sane fireworks must be directly appropriated for youth services or youth welfare programs. (§ 3, Ord. 1261, eff. May 17, 2001)

particular fire protection district shall be submitted to the fire chief of that fire protection district. Applications must be received by April 1 each year. Each application shall specify the proposed location of the fireworks stand as well as the name, address, and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period that safe and sane fireworks will be sold, displayed, or stored at such location. Each application shall include written permission from the owner of record of the property upon which the proposed stand will be located. The fire chief of the fire protection district receiving the application shall retain the original of the application. A copy of the approved application shall be promptly transmitted to the Yolo County Building Official and one copy shall be transmitted to the Yolo County Sheriff. Each application shall be accompanied by the payment of a non-refundable application fees established by the Board of Supervisors. A fire district that is selling safe and sane fireworks on its own financial behalf is not required to pay any portion of the application fee. (§ 3, Ord. 1261, eff. May 17, 2001, as amended by § 2, Ord. 1574, eff. July 3, 2025)

Sec. 4-2.406.

Applications shall be accompanied by proof of liability insurance coverage of at least $1,000,000 per occurrence and $2,000,000 aggregate coverage, or in such other amounts as required by the fire chief. Each of the policies of insurance shall contain a rider that designates the County of Yolo and the issuing fire protection district as additional insureds thereunder. Each of the policies of insurance shall also contain a rider that establishes that the policy will not be cancelled without at least 15 days advance written notice to the issuing fire chief and the County Building Official. None of the policies shall contain a provision allowing a deductible amount. (§ 3, Ord. 1261, eff. May 17, 2001, as amended by § 2, Ord. 1574, eff. July 3, 2025)

Sec. 4-2.407.

No more than three permits may be issued in any one year by a fire chief of a fire protection district. However, if a particular fire protection district sells safe and sane fireworks to raise funds for that district, then only two permits per year may be issued by the fire chief of that district. Only one permit may be issued annually to an organization. (§ 3, Ord. 1261, eff. May 17, 2001)

Sec. 4-2.408.

Applicants for permits to sell safe and sane fireworks shall be notified within 10 days of the deadline for submission of applications of the approval or disapproval of the applications for each permit. All organizations whose permits have been approved shall have 10 days to pick up their permit. (§ 3, Ord. 1261, eff. May 17, 2001)

Sec. 4-2.409.

Each issuing fire chief, or a designee, shall participate in a safe and sane stand operator safety seminar for those organizations receiving permits pursuant to this Chapter. The failure of a fire chief, or a designee, to participate in such a safety seminar shall result in that fire chief's fire protection district no longer being permitted to issue permits to sell safe and sane fireworks pursuant to this Chapter. The continued validity of any permit issued pursuant to this Chapter shall be subject to the requirement that at least one of the responsible adults whose name, address, and telephone number was included in the application for the permit attends a safe and sane fireworks stand operator safety seminar conducted by the fire protection district and the licensed fireworks wholesaler that is supplying the safe and sane fireworks to the permittee. The failure of an organization to have a responsible adult attend such a safety seminar shall result in the immediate revocation of its permit to sell safe and sane fireworks. (§ 3, Ord. 1261, eff. May 17, 2001, as amended by § 2, Ord. 1574, eff. July 3, 2025)

Sec. 4-2.410.

A fire chief shall issue a permit to sell safe and sane fireworks within the boundaries of the fire protection district unless:

a. The fire chief finds, in writing, that the applicant has failed to provide sufficient plans, information or other data necessary to permit a determination respecting compliance with the requirements of this Chapter;

b. The fire chief finds, in writing, that the applicant is not in compliance with any of the requirements of this Chapter;

c. The fire chief finds, in writing, that the applicant is barred from obtaining a permit pursuant to the provisions of Section 4-2.501 of this Chapter; or

d. The fire chief determines that the number of qualified applicants exceeds the number of permissible permits allowed under Section 4-2.407 of this Chapter. In such an instance, the governing body of the district may establish a selection process that assures that permittees will be selected on a fair, equitable, and impartial basis. If no such process is established by the governing body, then permittees will be selected by lot. (§ 3, Ord. 1261, eff. May 17, 2001, as amended by § 2, Ord. 1574, eff. July 3, 2025)

Sec. 4-2.411.

One copy of each permit issued shall be submitted by the applicant to the County Building Official and the County Sheriff, with the required fees. A fire district that is selling safe and sane fireworks on its own financial behalf is not required to pay the issuance fee. Prior to receipt of a permit, the permittee must provide the issuing fire chief with a copy of the requisite State retail sales permit from the Office of the California State Fire Marshal and copies of the insurance policies and riders required by Section 4-2.406. A permit issued pursuant to this Chapter shall be nontransferable to any other organization. (§ 3, Ord. 1261, eff. May 17, 2001, as amended by § 2, Ord. 1574, eff. July 3, 2025)

Sec. 4-2.412.

Any organization, including a fire protection district, that sells safe and sane fireworks pursuant to this Chapter shall comply with any requirement to obtain a temporary sales tax permit from the local office of the California State Board of Equalization. (§ 3, Ord. 1261, eff. May 17, 2001)

Sec. 4-2.413.

Each stand selling safe and sane fireworks shall be operated in full compliance with each of the following:

a. No person shall sell fireworks to any person under the age of 18 years.

b. The sale of safe and sane fireworks shall begin no earlier than 12:00 noon on June 28th and shall not continue after 12:00 noon on July 5th of the same year. Sales shall not be permitted past 9:00 p.m. on any day. From June 29th until July 5th, sales shall be permitted beginning at 9:00 a.m. daily.

c. No person other than the individuals who are members of the permittee organization, or an organization sponsored by the permittee organization, or the spouses, parents or adult children of such members shall sell or otherwise participate in the sale of safe and sane fireworks at such stand.

d. No person under the age of 18 years shall sell or participate in the sale of safe and sane fireworks at such stand or be present inside the stand.

e. No person shall be paid any consideration by the permittee organization or any wholesaler/distributor of safe and sane fireworks for selling or otherwise participating in the sale of safe and sane fireworks at such stand, provided, however, that compensation may be paid for licensed security personnel during sale or non-sale hours and to the party authorizing the location of the stand on its property.

f. Each stand must have an adult in attendance and in charge thereof while the stand is being used for the sale, dispensing or storage of fireworks.

g. All unsold stock of fireworks in the hands of the permittee organization after 12:00 noon on July 5 shall be returned to the wholesaler/distributor and removed from the unincorporated area of the County within ten days. On the closing of the stand, the stand and all litter shall be removed from the premises and the premises left in a clean, safe condition.

h. No fuel-powered generator or similar equipment shall be allowed within 50 feet of a safe and sane fireworks stand.

i. Each organization must post at a prominent location inside the stand each of the following: the permit issued by the fire chief authorizing the sale of safe and sane fireworks, its temporary sales tax permit from the California State Board of Equalization (if required), its State Fire Marshal Retail Sales Permit, and proof of the required insurance.

j. Each organization must take all reasonable steps necessary to ensure each of the following: that no person smokes within 25 feet of the stand; and that no person lights, causes to be lighted, or permits to be lighted any fireworks or combustible material within 50 feet of any stand. (§ 3, Ord. 1261, eff. May 17, 2001, as amended by § 2, Ord. 1574, eff. July 3, 2025)

Sec. 4-2.414.

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

a. No fireworks stand shall be located within 25 feet of any other building or within 100 feet of any gasoline pump or distribution point or flammable storage.

b. Fireworks stands need not comply with the provisions of the Building Code of the Yolo County provided, however, that all stands shall be erected under the supervision of the issuing fire chief who shall require that the fireworks stands be constructed in a manner which will reasonably insure the safety of attendants and patrons; and further that any electrical installation shall comply with all applicable codes.

c. No stand shall have a floor area in excess of 750 square feet.

d. Each stand shall have at least two exits. Each stand in excess of 40 feet in length shall have at least 3 exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between the exits exceed 20 feet. Exit doors shall be not less than 24 inches wide and six feet in height and shall swing in the direction of exit travel.

e. Each stand shall have two, 2½ gallon "water type" (minimum rating 2A) or soda and acid fire extinguishers in good working order and easily accessible for use in case of fire.

f. All weeds and combustible materials shall be cleared from the location of the stand to a distance of at least 25 feet surrounding the stand. All trash resulting from the operation of the stand must be removed on a daily basis.

g. "NO SMOKING" signs shall be prominently displayed at no less than two locations on the outside of the stand and at no less than two locations on inside of the stand. (§ 3, Ord. 1261, eff. May 17, 2001, as amended by § 2, Ord. 1574, eff. July 3, 2025)