Chapter 5.26
SAFE AND SANE FIREWORKS STAND PERMITS
Sections:
5.26.040 Stand placement and design.
5.26.050 Sales conditions; permit revocation.
5.26.010 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears from the context, the following words and phrases have the meanings set forth in this section:
"Person" means a natural person, corporation, partnership or other business organization, or an association or organization including any of the above.
"Safe and sane fireworks" means and includes only those fireworks examined by the State Fire Marshall and determined by him to come within the definition of "safe and sane fireworks" in Section 12529 of the Health and Safety Code and which are so classified. (Ord. 96-07 §1(part), 1996: Ord. 95-02 §1(part), 1995).
5.26.020 Permit--Required.
It is unlawful for any person to sell, vend or distribute in exchange for valuable consideration any fireworks, fireworks kit or dangerous fireworks at any place within the city, except as otherwise provided in this chapter. It is unlawful for any person to sell, vend or distribute in exchange for valuable consideration any safe and sane fireworks at any location within the city without first having obtained from the city a permit to do so, or without complying with each and every regulation or provision of this chapter. (Ord. 96-07 §1(part), 1996: Ord. 95-02 §1(part), 1995).
5.26.030 Permit application.
Applicants for a safe and sane fireworks stand permit must submit a completed application and the designated fee, as established in the master fee schedule, as amended from time to time, upon a form obtained from the city clerk.
A completed application shall include:
A. A hold harmless agreement indemnifying city, its employees, officials and agents against loss, liability, injury or damages arising from issuance of the permit and all activities, injuries, incidents or occurrences conducted or occurring pursuant to the permit. The applicant shall provide to city a certificate of insurance in a form acceptable to city and naming city as additional insured;
B. A written description of the location of the stand either by street address or by distance and direction from the nearest cross streets;
C. Written permission of the owner and any lessee or possessor of the land on which the fireworks stand will be operated;
D. Written evidence that the applicant possesses a current retail sales license for the retail sale of safe and sane fireworks, and has been approved for such sales by north central fire protection district.
Upon receipt of the permit fee, and an application with the required attachments, the city clerk shall issue only one safe and sane fireworks stand permit to each applicant, and the permit shall be valid for only one location. (Ord. 23-02 §4, 2023; Ord. 96-07 §1(part), 1996: Ord. 95-02 §1(part), 1995).
5.26.040 Stand placement and design.
Any fireworks stand used for the vending, selling or other distribution of fireworks shall be placed or constructed pursuant to this chapter not earlier than June 28th, and shall be removed not later than July 6th or at such other periods as the city council may authorize by resolution during the calendar year for which a permit is issued. Each stand shall have at least two exit doors and contain two fire extinguishers which shall be maintained in an open and conspicuous location that is readily accessible for immediate use. All area surrounding the stand and within twenty feet of the stand shall be cleared of weeds, grasses and all other combustible materials. No person shall store, sell or discharge any type of fireworks within one hundred feet of a location where gasoline or any other flammable liquids are stored or dispensed. The safe and sane fireworks stand permit and "no smoking" signs shall be prominently displayed in or about the stand. The stand must pass inspection by the building inspector as to safety and electrical wiring, and shall comply with any state law or regulation pertaining to fireworks stands. (Ord. 99-02 § 1, 1999: Ord. 96-07 §1(part), 1996: Ord. 95-02 §1(part), 1995).
5.26.050 Sales conditions--Permit revocation.
Any sale, transfer or distribution under a permit issued pursuant to this chapter shall:
A. Only be conducted by a person of at least eighteen years of age, and no one shall sell or transfer any fireworks to a person who is under sixteen years of age;
B. Occur only between the hours of twelve noon and eleven p.m. on June 28th and thereafter between the hours of nine a.m. and eleven p.m., but no sale, transfer or distribution shall occur after eleven p.m. on July 4th of the year of permit issuance. Notwithstanding the foregoing, sale, transfer or distribution that otherwise complies with state, federal and local law may also occur at such other times and dates as the city council may authorize by resolution;
C. Occur only at the stand location specified in the permit;
D. Be limited to safe and sane fireworks;
E. Comply with the applicable provisions of the State Fireworks Law, Health and Safety Code §12500 et seq.
Any failure to comply with the provisions of this chapter is considered to pose an imminent threat to public health and safety and shall be grounds for immediate suspension of a permit, pending a prompt investigation. If a violation is found, the permit may be revoked. Any revocation shall be considered in connection with any future applications for a permit. (Ord. 99-02 § 2, 1999: Ord. 96-07 §1(part), 1996: Ord. 95-02 §1(part), 1995).
5.26.060 Revenue report.
Within thirty days following the cessation of operations under a safe and sane fireworks stand permit, the permittee shall file with the city clerk a report of revenues, expenses and net profits arising from the operation of each fireworks stand. (Ord. 96-07 §1(part), 1996: Ord. 95-02 §1(part), 1995).