Chapter 10A
FIREWORKS1

Sections:

10A.1    Sale and use.

10A.2    Sale of fireworks—Permit.

10A.3    Application for a permit.

10A.4    Notice of granting or rejecting of permit.

10A.5    Qualifications for issuance of permit.

10A.6    Operation of stand.

10A.7    General requirements.

10A.8    Fireworks permit and service fees.

10A.9    Temporary sales tax permit required.

10A.10    Display of state license, city permit, sales tax permit, and city required posters.

10A.11    Prohibitions on discharge.

10A.12    Storage.

10A.13    Non-compliance.

10A.14    Penalties.

10A.1 Sale and use.

Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the State of California may be sold within the City of Gilroy during the period beginning 9:00 am, July 1st, ending at 10:00 pm on July 4th each year pursuant to the provisions of this ordinance and not otherwise. (Ord. No. 98-9, § 1, 4-27-98)

10A.2 Sale of fireworks—Permit.

Except as provided herein, no persons shall offer for sale or sell at retail any fireworks of any kind without having first applied for and received a permit issued by authority of the fire chief. (Ord. No. 98-9, § 2, 4-27-98)

10A.3 Application for a permit.

All applications for a permit to sell fireworks shall:

(a) Be made in writing accompanied by a permit fee.

(b) Be made between the first business day and the last business day of April of each year.

(c) Set forth the proposed location of the fireworks stand.

(d) Be accompanied by an assurance that a one million dollar ($1,000,000.00) combined single limits insurance certificate designating the city as an additional insured, and a copy of the required license from the state fire marshal shall be provided to the fire chief prior to issuance of a permit.

(e) Include a statement that the applicant agrees to comply strictly with the terms of any retail permit granted it and furnish any additional information upon request of the city. (Ord. No. 98-9, § 3, 4-27-98)

10A.4 Notice of granting or rejecting of permit.

(a) Applicants for a permit shall be notified in writing by the fire chief by May 15th of the granting or rejection of such application for a permit.

(b) Applicants granted permits shall pay all required fees, provide proof of insurance and submit all other required documents by May 30th. (Ord. No. 98-9, § 4, 4-27-98)

10A.5 Qualifications for issuance of permit.

The following qualifications must be met by each applicant for a permit.

(a) No permit shall be issued to any person, firm or corporation except non-profit associations or corporations organized primarily for civic betterment or youth activities in Gilroy.

(b) Each such organization must have its principal and permanent meeting place in the corporation limits of the city; must maintain a bona fide membership of at least twenty (20) members; and must have been organized and established in the city’s corporate limits for a minimum of one (1) year continuously preceding the filing of the application for the permit.

(c) No organization may receive more than one (1) permit for fireworks sales during any one (1) calendar year. One (1) permit may be issued to two (2) or more qualifying applicants as a joint venture. The maximum number of permits which may be issued during any one (1) calendar year shall not exceed sixteen (16) permits.

(d) Subject to the provisions of paragraph (e), below, an organization that received a permit to sell fireworks pursuant to this chapter in 1986 shall be issued a permit to sell fireworks in succeeding years if an application is filed and all requirements of this ordinance are met, provided that since 1986 and in each successive year since then through the date of its application and without interruption, the organization has operated a fireworks retail sales stand in the City of Gilroy pursuant to a validly-issued permit. A permit issued under this section and paragraph shall cover only one (1) retail sales stand. Nothing in this section shall prevent the fire chief or his designee from revoking a permit for just cause where a fire nuisance exists or where personal injury is threatened.

(e) Subject to the right of organizations that have continually operated retail stands pursuant to a valid permit since 1986 to continue to do so provided they meet the requirements of this ordinance and of paragraph (d), above, if the number of proper applications exceed the number of permits to be issued in given year, the permits shall be granted by a random drawing supervised by the fire chief. (Ord. No. 98-9, § 5, 4-27-98)

10A.6 Operation of stand.

(a) No entity other than the permittee organization shall operate the stand for which the permit is issued.

(b) Only adults (eighteen (18) years and over) approved by the permittee organization shall sell or otherwise participate in the sale of fireworks at such stand. Persons less than eighteen (18) years old shall not handle or sell fireworks, nor shall they be allowed into the sales booth. Notwithstanding the prohibitions in the last sentence, persons less than eighteen (18) years old may handle fireworks solely for the purpose of loading and unloading fireworks from the stand at the beginning and end of the day, as long as they are supervised by a responsible adult.

(c) No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.

(d) Retailers shall not sell fireworks to anyone less than eighteen (18) years of age.

(e) It shall be the responsibility of the seller to provide detached signage. Such signage shall be no less than two (2) feet x four (4) feet in size with lettering not to be less than four (4) inches high. Language used on the sign shall be approved by the chief. The signage shall “notice” buyers that safe and sane fireworks are not allowed in any other city or unincorporated areas of Santa Clara County.

(f) Only boxed assortments packed by a wholesaler or manufacturer shall be sold by the retailer in the original package. Items such as several boxes of sparklers of different colors are not considered a boxed assortment. In no case shall ground blooming flowers or similar items that, when ignited, actively move along the ground in random directions, be included in a boxed assortment.

(g) A safety pamphlet on the use of “safe and sane” fireworks furnished by the manufacturer shall be given by the seller to each purchaser at the time of sale. (Ord. No. 98-9, § 6, 4-27-98)

10A.7 General requirements.

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 twenty-five (25) feet of any building, nor within one hundred (100) feet of any gasoline pump.

(b) Fireworks stands need not comply with the provisions of the building code provided, however, that all stands shall be erected in a manner that will reasonably insure the safety of attendants and customers.

(c) No stand shall have a floor area in excess of four hundred (400) square feet.

(d) Each stand two hundred (200) square feet or more must have at least two (2) exits.

(e) Each stand shall be provided with two (2) 2 1/2-gallon water pressure type fire extinguishers or one (1) 2 1/2-gallon water pressure type fire extinguisher and one (1) 2A10BC rated dry chemical fire extinguisher in good working order and easily accessible for use in case of fire.

(f) All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least fifty (50) feet surrounding the stand.

(g) “No Smoking” signs shall be prominently displayed on the front, back, and sides of the fireworks stand.

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

(i) The sale of fireworks shall not begin before 9:00 am July 1st and shall not continue after 10:00 pm on the 4th of July.

(j) Fireworks booth hours of operation shall be limited to 9:00 am to 10:00 pm daily.

(k) All unsold stock shall be removed from the booth each night and shall be stored in a location approved by the fire chief or his designee.

(l) All litter shall be removed from the booth location by 5:00 pm on the 5th day of July.

(m) The fireworks stand shall be removed from the temporary location by 8:00 pm on the 10th day of July.

(n) Prior to the issuance of a permit, each applicant shall file with the fire chief a cash deposit, certificate of deposit or a surety bond made payable to the city in the amount of one hundred dollars ($100.00) to assure compliance with the provisions of this ordinance. Such deposit, certificate or bond shall be refundable upon compliance with the provisions and requirements of this ordinance, including but not limited to the removal of the stand and the cleaning of the site. In the event the permittee does not so comply or remove the stand or clean the site, in the manner required by the fire chief, the city may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the permittee and his deposit or surety bond. (Ord. No. 98-9, § 7, 4-27-98)

10A.8 Fireworks permit and service fees.

(a) The permit fee for selling fireworks within the city shall be set by council resolution, which may be amended time to time by resolution. That fee must be paid at the time the application for a fireworks stand is filed.

(b) The permit fee for selling fireworks shall also include the city’s fireworks service fee. The fireworks service fee shall be determined each year by the city’s fire and police chiefs and adopted by council resolution. The fireworks service fee shall be paid at the time the application for a fireworks stand is filed. (Ord. No. 98-9, § 8, 4-27-98; Ord. No. 2004-03, § I, 4-5-04)

10A.9 Temporary sales tax permit required.

Organizations selling fireworks are required to obtain a temporary sales tax permit from the State Board of Equalization. (Ord. No. 98-9, § 9, 4-27-98)

10A.10 Display of state license, city permit, sales tax permit, and city required posters.

State license and city permit to sell fireworks, and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. Additionally, the fire chief may require the display of certain regulatory posters, including but not limited to those described in this chapter. (Ord. No. 98-9, § 10, 4-27-98)

10A.11 Prohibitions on discharge.

(a) No person under eighteen (18) years of age shall light or cause to be lighted any fireworks or other combustible material.

(b) No person shall light or cause to be lighted any fireworks or other combustible material within any stand or within fifty (50) feet thereof.

(c) It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks upon, over, or onto the property of another, or to ignite, explode, project, or otherwise fire or make use of any fireworks within ten (10) feet of any residence, dwelling or other structure.

(d) It shall be unlawful for any person to possess or to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks upon, over, or onto property in a hazardous fire area. Hazardous fire areas will be determined and defined by the fire chief and set forth in the fireworks discharge policies of the fire department.

(e) It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks from midnight July 5 to midnight June 30.

(f) It shall be unlawful for any person to possess or to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or ignition of “dangerous fireworks,” as defined in California Health and Safety Code section 12505, on or at their premises at any time in the City of Gilroy. (Ord. No. 98-9, § 11, 4-27-98; Ord. No. 99-5, 4-19-99; Ord. No. 2006-15, § I, 7-17-06)

10A.12 Storage.

Safe and sane fireworks may be stored within the city, pursuant to the following provisions:

(a) Buildings or parts of buildings used for the storage of safe and sane fireworks shall be classified as Group S, Division 1 occupancies, as provided in the Uniform Building Code, 1994 Edition. Under no condition shall any building or parts of buildings be used that are not provided with an automatic sprinkler system.

(b) Buildings or parts of buildings used for storage shall meet the zoning requirements of the city.

(c) Signs with the wording “Fireworks - No Smoking” in letters a minimum of four (4) inches high, shall be conspicuously located throughout the building.

(d) Fire extinguishers, of the water pressure type, shall be located so there is not more than fifty (50) feet of travel to any fireworks storage.

(e) Stacks of merchandise shall be limited in size to twelve thousand (12,000) cubic feet, and each stack shall be separated from other stacks by eight (8) feet wide aisles. Height limitations shall be consistent with storage practices. (Ord. No. 98-9, § 12, 4-27-98)

10A.13 Non-compliance.

If, in the judgment of the fire chief, fire marshal, duty chief, or other designated officer, the construction of the stand or the conduct of the operations therein do not conform to the provisions of this chapter, such officer may order the stand immediately closed. (Ord. No. 98-9, § 13, 4-27-98)

10A.14 Penalties.

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 ($500.00), or by imprisonment in the city or county jail for a period not exceeding thirty (30) days, or both such fine and imprisonment. (Ord. No. 98-9, § 14, 4-27-98)


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Prior legislation: Ord. No. 86-24.

    Cross referencesFire protection, Ch. 10.