Division 3. Other Business Regulation

Chapter 4.54
ADDITIONAL REGULATIONS AND PROHIBITIONS FOR BUSINESSES

Sections:

Article I. Street Businesses

4.54.000    Purposes.

4.54.005    Definitions.

4.54.010    Prohibitions.

4.54.015    Exceptions.

4.54.020    Repealed.

Article II. Aggressive Solicitation

4.54.100    Purposes.

4.54.105    Definitions.

4.54.110    Aggressive solicitation prohibited.

4.54.115    All solicitation prohibited at specified locations.

4.54.120    Penalty.

Article III. Drug Paraphernalia

4.54.200    Purposes.

4.54.205    Definitions – Generally.

4.54.210    Definitions – “Drug paraphernalia.”

4.54.215    Proof.

4.54.220    Display of drug paraphernalia.

4.54.225    Distribution of drug paraphernalia.

4.54.230    Exceptions.

Article IV. Fireworks

4.54.300    General prohibition against possession, sale or use of fireworks.

4.54.310    Exception – Certain public displays.

4.54.320    Exception – Safe and sane fireworks.

4.54.330    License to sell fireworks required.

4.54.340    Wholesale storage of fireworks.

4.54.350    License restricted.

4.54.360    Application.

4.54.370    Denial of license.

4.54.380    Operation of stand.

4.54.390    Temporary fireworks stand.

4.54.400    General requirements for licensees.

4.54.410    Enforcement.

4.54.420    Revocation of license – Appeal.

4.54.430    Penalty – Infraction.

4.54.440    Seizure of fireworks.

4.54.450    Concurrent authorities.

Article V. Public Convenience Determination for Alcohol Licenses

4.54.500    Application for determination of public convenience.

4.54.510    Review of applications.

4.54.520    Hearing required.

Article I. Street Businesses

4.54.000 Purposes.

Regulation of the sale of merchandise upon the public streets and sidewalks within the City is necessary for the purpose of promoting the free and safe flow of vehicular and pedestrian traffic. The City Council finds that the use of such rights-of-way for such purposes in violation of the prohibitions of this article would constitute an interruption of the free flow of traffic and a serious and dangerous hazard to the public. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.005 Definitions.

As used in this article, the following terms shall be ascribed the following meanings:

A. “Public streets” shall mean that portion of any County, State or public road or highway within the City which is utilized for motor vehicle or bicycle traffic, including any improved shoulder adjacent to traffic lanes, and excluding sidewalks.

B. “Sidewalks” shall mean any right-of-way within the City which is improved for public pedestrian traffic, including paved walks and pathways.

C. “Stand” shall mean any fixed, temporary, permanent or mobile rack, counter, shelving, vehicle or other structure or device utilized for the purpose of transporting, storing, carrying or displaying merchandise or for the purpose of conducting sales of merchandise.

D. “Merchandise” shall mean any item of personal property, including, but not limited to, written materials, foods and wares. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.010 Prohibitions.

Except as otherwise provided by EGMC Section 4.54.015, it shall be unlawful for any person to:

A. Hawk or peddle merchandise upon the public streets; or

B. Place a stand or merchandise upon a sidewalk for the purpose of hawking or peddling merchandise. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.015 Exceptions.

The provisions of this article shall not be applicable to or deemed to prohibit:

A. The placement of newspaper racks upon sidewalks; or

B. The peddling or hawking of merchandise by the taking of orders or delivering of commodities from any vehicle which is parked pursuant to EGMC Section 23.85.050. [Ord. 18-2012 §4, eff. 10-12-2012; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.020 Food vendors.

Repealed by Ord. 18-2012. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article II. Aggressive Solicitation

4.54.100 Purposes.

The City Council finds that aggressive solicitation negatively impacts the quality of life of residents of the City. Patrons of commercial districts in which aggressive solicitation occurs are less likely to patronize the City’s businesses and negatively impact the public interest in economic growth and tax revenues to the City. Mindful of everyone’s right of free speech, the City Council finds there is a reasonable balance between those interests and the rights of listeners to be left alone – even in public places. Furthermore, the City Council takes notice that the specific provisions of this article have been judicially upheld by the California Supreme Court. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.105 Definitions.

For purposes of this article:

A. “Solicit, ask or beg” includes using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.

B. “Public place” means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.110 Aggressive solicitation prohibited.

A. No person shall solicit or beg in an aggressive manner in any public place.

B. “Aggressive manner” means any of the following:

1. Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, damage to or loss of property, or otherwise be intimidated into giving money or other thing of value;

2. Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking or begging;

3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

4. Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;

5. Persisting in closely following or approaching a person after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or

6. Using profane, offensive or abusive language that is inherently likely to provoke an immediate reaction, either before or after solicitation. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.115 All solicitation prohibited at specified locations.

A. Banks and ATMs. No person shall solicit, ask, or beg within fifteen (15' 0") feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours or within fifteen (15' 0") feet of any automated teller machine during the time it is available for customers’ use. However, when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. No person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this subsection shall be construed to prohibit the lawful vending of goods and services within such areas.

1. Definitions. For purposes of this section:

a. “Bank” means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.

b. “Savings and loan association” means any Federal savings and loan association and any “insured institution” as defined in Section 401 of the National Housing Act, as amended, and any Federal credit union as defined in Section 2 of the Federal Credit Union Act.

c. “Credit union” means any Federal credit union and any State-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.

d. “Check cashing business” means any person duly licensed as a check seller, bill payer, or prorater pursuant to Division 3, commencing with Section 12000, of the California Financial Code.

e. “Automated teller machine” shall mean any electronic information-processing device that accepts or dispenses cash in connection with a credit, deposit, or convenience account.

f. “Automated teller machine facility” shall mean a secure area comprised of one (1) or more automated teller machines, and any adjacent space that is made available to banking customers after regular banking hours.

2. Exemptions. The provisions of subsection (A) of this section shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, airports and school buildings as long as such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.

B. Motor Vehicles and Parking Lots.

1. Motor Vehicles. No person shall approach an operator or occupant of a motor vehicle for the purpose of soliciting, asking or begging while such vehicle is located in any public place.

2. Parking Lots. No person shall solicit, ask or beg in any public parking lot or structure any time after dark. “After dark” means any time from one-half hour after sunset to one-half (0.5) hour before sunrise.

3. Exemptions. Subsection (B) of this section shall not apply to any of the following:

a. Solicitations related to business that is being conducted on the subject premises by the owner or lawful tenants;

b. Solicitations related to the lawful towing of a vehicle; or

c. Solicitations related to emergency repairs requested by the operator or other occupant of a vehicle.

C. Public Transportation Vehicles and Stops.

1. “Public transportation vehicle” shall mean any vehicle, including a trailer bus, designed, used or maintained for carrying ten (10) or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten (10) persons, including the driver, and used to carry passengers for hire.

2. Any person who solicits, asks or begs in any public transportation vehicle, or within ten (10' 0") feet of any designated or posted public transportation vehicle stop, is guilty of a violation of this section if:

a. He or she remains there after being asked to leave by the owner, driver, or operator of a public transportation vehicle; the agent of the owner, driver or operator of a public transportation vehicle; the owner or manager of a public transportation facility; the agent of the owner or manager of a public transportation facility; a member of a security force employed by the public transportation facility; or by a peace officer, as defined in Title 3, Chapter 4.5 (commencing with Section 830) of the California Penal Code; or

b. Within the immediately preceding thirty (30) days, he or she engages in a solicitation at that location and had been asked to leave by a person specified in subsection (C)(2)(a) of this section.

c. Subsection (C)(2)(b) of this section is not violated if a person who has been requested to leave enters the property within the designated period and solicits, asks, or begs with the express authorization of a person specified in subsection (C)(2)(a) of this section.

D. Restaurants. Any person who solicits, asks, or begs in any outdoor or indoor dining area of a restaurant or other establishment serving food for immediate consumption is guilty of a violation of this section if:

1. He or she remains there after being asked to leave by the owner, manager or supervisor of the restaurant or other food establishment; the agent of the owner, manager or supervisor of the restaurant; a member of a security force employed by the restaurant; or by a peace officer, as defined in Title 3, Chapter 4.5 (commencing with Section 830) of the California Penal Code, acting at the request of any of the persons specified in subsection (D) of this section; or

2. Within the immediately preceding thirty (30) days, he or she engages in a solicitation at that location and had been asked to leave by a person specified in subsection (D)(1) of this section.

3. Subsection (D)(2) of this section is not violated if a person who has been requested to leave enters the property within the designated period and solicits, asks, or begs with the express authorization of a person specified in subsection (D)(1) of this section. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.120 Penalty.

A violation of this section is punishable as a misdemeanor or infraction, chargeable at the City Attorney’s discretion. Nothing in this article shall limit or preclude the enforcement of other applicable laws. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article III. Drug Paraphernalia

4.54.200 Purposes.

The illegal use of controlled substances within the City creates serious social, medical and law enforcement problems. The illegal use of such substances by persons under eighteen (18) years of age is a matter of great public interest. It is causing serious physical and psychological damage to the youth of this community, impairment of educational achievement and of the efficiency of the educational system, increases in nondrug-related crime and a threat to the ability of the community to ensure future generations of responsible and productive adults, all to the detriment of the health, safety and welfare of the residents of Elk Grove.

The proliferation of the display of drug paraphernalia in retail stores within the City and the distribution of such paraphernalia intensifies and otherwise compounds the problem of illegal use of controlled substances within this community.

A ban only upon the display and distribution of drug paraphernalia to persons under eighteen (18) years of age would not be practical. The person who displays or distributes drug paraphernalia would have difficulty determining who could lawfully view or receive drug paraphernalia. The already thinly staffed law enforcement agencies would be subjected to intolerable added enforcement burdens by adding age of a person who views or receives paraphernalia as an element of a prohibition upon display and distribution. A significant number of high school students are eighteen (18) years of age or older. It would be lawful to distribute paraphernalia to some students attending the same school in which the distribution to other students would be prohibited. Permitted display and distribution to adults within the community would symbolize a public tolerance of illegal drug use, making it difficult to explain the rationale of programs directed against similar abuse by youth. The problem of illegal consumption of controlled substances by adults within this community is significant and substantial, necessitating a cessation of the encouragement of drug abuse which the display and distribution of drug paraphernalia create.

This article is a measure which is necessary in order to discourage the illegal use of controlled substances within the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.205 Definitions – Generally.

As used in this article, the following terms shall be ascribed the following meanings:

A. “Business” means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.

B. “Controlled substance” means those controlled substances set forth in Sections 11054, 11055, 11056, 11057 and 11058 of the California Health and Safety Code, identified as Schedules I through V, inclusive.

C. “Display” means to show to a patron or place in a manner so as to be available for viewing or inspection by a patron.

D. “Distribute” means to transfer ownership or a possessory interest to another, whether for consideration or as a gratuity. “Distribute” includes both sales and gifts.

E. “Patron” means a person who enters a business for the purpose of purchasing or viewing as a shopper merchandise offered for sale at the business. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.210 Definitions – “Drug paraphernalia.”

As used in this article, the term “drug paraphernalia” means all equipment, products, and any materials of any kind which are intended by a person charged with a violation of this article for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of any law of the State. “Drug paraphernalia” includes, but is not limited to, all of the following:

A. Kits intended for use in the planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

B. Kits intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

C. Isomerization devices intended for use in increasing the potency of any species of plant which is a controlled substance;

D. Testing equipment intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

E. Scales and balances intended for use in weighing or measuring controlled substances;

F. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, intended for use in cutting controlled substances;

G. Separation gins and sifters intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

H. Blenders, bowls, containers, spoons and mixing devices intended for use in compounding controlled substances;

I. Capsules, balloons, envelopes, and other containers intended for use in packaging small quantities of controlled substances;

J. Containers and other objects intended for use in storing or concealing controlled substances; and

K. Objects intended for use in injecting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

2. Water pipes;

3. Carburetion tubes and devices;

4. Smoking and carburetion masks;

5. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;

6. Miniature cocaine spoons and cocaine vials;

7. Chamber pipes;

8. Carburetor pipes;

9. Air-driven pipes;

10. Bongs. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.215 Proof.

In determining whether an object is “drug paraphernalia,” a court or other authority may consider, in addition to all other logically relevant factors, the following:

A. Statements by an owner or by anyone in control of the object concerning its use;

B. The proximity of the object to controlled substances;

C. The existence of any residue of controlled substances on the object;

D. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver to persons whom he knows intend to use the object to facilitate a violation of the laws of the State relating to controlled substances;

E. Instructions, oral or written, provided with the object concerning its use;

F. Descriptive materials accompanying the object which explain or depict its use;

G. National and local advertising concerning its use;

H. The manner in which the object is displayed for sale;

I. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;

J. The existence or scope of legitimate uses for the object in the community; and

K. Expert testimony concerning its use. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.220 Display of drug paraphernalia.

Except as authorized by law, it is unlawful for any person to willfully maintain or operate any business knowing or under circumstances where one reasonably should know that drug paraphernalia is displayed at such business.

Except as authorized by law, it is unlawful for any person who is the owner of a business, an employee thereof or one who works at such business as an agent of the owner, to willfully display drug paraphernalia at such business. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.225 Distribution of drug paraphernalia.

Except as authorized by law, it is unlawful for any person to willfully distribute to another person drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of any law of the State. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.230 Exceptions.

No provision of this article shall be deemed, whether directly or indirectly, to authorize any act which is otherwise prohibited by any law of the State or require any act which is otherwise prohibited by any law of the State. Nor shall any provision of this article be deemed, whether directly or indirectly, to prohibit any act or acts which are prohibited by any law of the State. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article IV. Fireworks

4.54.300 General prohibition against possession, sale or use of fireworks.

Except as otherwise provided in this article, no person shall possess, sell, use, display or explode any rocket, firecracker, roman candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, within the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.310 Exception – Certain public displays.

Public displays of fireworks may be given with a written permit issued by the Chief of the Cosumnes Community Services District Fire Department or his or her designee so long as such display takes place under the supervision and direction of a State of California licensed fireworks operator. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.320 Exception – Safe and sane fireworks.

It shall not be unlawful to possess, sell, use, display or discharge within the City those fireworks as are defined and classified as “safe and sane fireworks” in Part 2 (commencing with Section 12500) of Division 11 of the California Health and Safety Code during that time period beginning at 12:00 noon on June 28th and ending at 10:00 p.m. on July 5th of the same year. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.330 License to sell fireworks required.

It shall be unlawful for any person to sell “safe and sane fireworks” within the City without a valid City business license authorizing such sales. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.340 Wholesale storage of fireworks.

The wholesale storage of fireworks shall be unlawful in the City without valid permits for such storage from the Fire District in whose jurisdiction the storage site is located and the Building Official. Any such storage is limited to the period from June 1st through July 15th of each year. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.350 License restricted.

A. No City business license authorizing the sale of “safe and sane fireworks” shall be issued to any person, firm, corporation, organization or group other than organizations which are exempted from the payment of the bank and corporation tax by Section 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), 237011 or 23701(w) of the Revenue and Taxation Code as long as the organization satisfies the following criteria:

1. It has its principal and permanent meeting place in the City of Elk Grove;

2. It has been organized and established in the City of Elk Grove for a continuous period of at least one (1) year immediately proceeding the application for a permit; and

3. It has a bona fide membership of at least twenty (20) members.

B. No organization shall submit more than two (2) applications for licenses to sell fireworks within the City. Submittal of more than two (2) such applications shall be grounds for denial of all applications.

C. City business licenses authorizing the sale of “safe and sane fireworks” shall not be transferable to another organization.

D. Transfer of temporary stands from the location for which the license was initially issued may be made if the application is made to the City Manager on or before the first (1st) day of June, and if any such location change has been approved in writing by the Cosumnes Community Services District Fire Department, the Building Official, and otherwise complies with all provisions of this article regulating the location of temporary fireworks stands. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.360 Application.

A. All applications for a City business license to sell fireworks shall be in writing to the City Manager on forms supplied by the City. Applications shall be received and filed with the City Manager on or before the second (2nd) Tuesday in April of each year. Applications shall specify the proposed location of the fireworks stand, the name, address and telephone number of one (1) or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored, such other information as may be required by the City Manager, and an application fee in an amount periodically set by resolution of the City Council.

B. The application shall be made in triplicate (x3). The original of the application shall be retained by the City Manager, one (1) copy shall be transmitted to the Cosumnes Community Services District, and one (1) copy shall be sent to the City Building Inspection Division.

C. Applicants for a license shall be notified by the City Manager of the tentative approval or denial of the application for a City business license by the first (1st) Monday in May of each calendar year. Within two (2) weeks of the notification of the tentative approval of the City business license, the applicant shall furnish to the City Manager or his or her designee evidence of insurance providing comprehensive general liability coverage written on an occurrence basis, including but not limited to premises/operations, personal injury contractual liability, independent contractors, and products/completed operations, with One Million and no/100ths ($1,000,000.00) Dollars combined single limits for bodily injury and property damage. The insurance policy shall designate the City, its officers, agents, employees and volunteers as additional insureds as to products sold and to premises/operations of the named insured. The insurance policy shall further be endorsed to provide that any insurance and/or self-insurance maintained by the City of Elk Grove shall apply in excess of, and not contribute with, insurance provided by the applicant. The City Manager or his or her designee shall be the certificate holder. In the event of nonrenewal or cancellation of the insurance policy, thirty (30) days advance notice shall be provided to the City Manager or his or her designee. The insurance policy shall be limited to the specific location for which the City business license is issued. The City Manager shall issue the license to the applicant upon the presentation and approval of required proof of insurance.

D. A copy of the City business license shall be transmitted to the Cosumnes Community Services District Fire Department.

E. The continued validity of any City business license issued pursuant to this article shall be subject to the requirement that at least one (1) of the responsible adults listed in the licensee’s application shall attend a fireworks stand operator seminar conducted by the fireworks industry and approved by the Cosumnes Community Services District Fire Department. The failure of a licensee to have such a responsible individual attend such safety seminar shall subject the City business license to revocation. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.370 Denial of license.

A. The City Manager shall issue the City business license to sell fireworks unless:

1. The City Manager finds in writing that the applicant has failed to provide sufficient or adequate plans, information or other data necessary to permit a determination respecting compliance with the requirements of this article;

2. The City Manager finds in writing that the applicant is not in compliance with any of the requirements of this article;

3. The City Manager finds in writing that the applicant falls within the provisions of EGMC Section 4.54.420(C); or

4. Either the Cosumnes Community Services District Fire Department or the City Building Inspection Division fails to approve the application.

B. Any denial of a license pursuant to this section may be appealed pursuant to the procedures set forth in EGMC Section 4.54.420(B). [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.380 Operation of stand.

A. No person shall sell fireworks to any person under the age of eighteen (18).

B. Sale of fireworks shall begin no earlier than 12:00 noon on June 28th and shall not continue after 10:00 p.m. on July 5th of the same year. Sale of fireworks shall be permitted only from 9:00 a.m. to 10:00 p.m. daily.

C. 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.

D. No person other than the individuals who are members of the licensee organization or the wives, husbands, parents or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand.

E. No person under the age of eighteen (18) shall sell or participate in the sale of fireworks.

F. No person shall be paid any consideration by the licensee or any wholesale distributor of “safe and sane” fireworks for selling or otherwise participating in the sale of fireworks at such stand, except compensation may be paid for security personnel during nonsale hours and to the party authorizing location of the stand on its property.

G. Fireworks stands shall be removed from the temporary locations by noon on July 18th, and all accompanying litter shall be cleared from such locations by that date and time. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.390 Temporary fireworks stand.

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

A. No fireworks stand shall be located within twenty-five (25') feet of any other building or within one hundred (100' 0") feet of any gasoline pump or distribution point.

B. Fireworks stands need not comply with the provisions of the applicable building code except all stands shall be erected under the supervision of the Building Official, who shall require that stands be constructed in a manner that will reasonably ensure the safety of attendants and patrons and that any electrical installations shall comply with all applicable codes.

C. No stand shall have a floor area in excess of seven hundred fifty (750 ft2) square feet.

D. Each stand shall have at least two (2) exits. Each stand in excess of forty (40' 0") feet in length shall have at least three (3) exits spaced approximately equidistant apart, except in no case shall the distance between exits exceed twenty (20' 0") feet. Exit doors shall be not less than twenty-four (24") inches wide and six (6' 0") feet and two (2") inches in height and shall swing in the direction of exit travel.

E. Each stand shall be provided with two (2) two-and-one-half (2.5) gallon “water-type” (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.

F. Fireworks stands shall be located on property zoned SC, LC, GC, AC, TC, M-1 or M-2 per the Zoning Code, or in any other zoning classification if the Building Official certifies in writing to the City Manager that the operation of a fireworks location in such other zoning classification will not endanger the health and safety of the community or create a fire hazard to surrounding properties. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.400 General requirements for licensees.

A. Stands shall not be located closer than six hundred (600' 0") feet apart, unless separated by a principal arterial roadway.

B. All weeds and combustible material shall be cleared from the location of the stand to a distance of at least twenty-five (25' 0") feet surrounding the stand.

C. “NO SMOKING” signs shall be prominently displayed on and in the fireworks stand.

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

E. All unsold stock of fireworks in the hands of the retailer after 10:00 p.m. on the fifth (5th) day of July shall be returned to the distributor or wholesaler and removed from the City within ten (10) days. On closing of stands, all litter shall be removed from the premises.

F. No fuel-powered generator or similar equipment shall be allowed within fifty (50' 0") feet of a fireworks stand. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.410 Enforcement.

The division of authority for enforcement of this article shall be as follows:

A. The Chief of the Cosumnes Community Services District Fire Department or his or her designated representatives shall have authority to enforce this article and issue citations for violations in their respective districts.

B. The Building Official shall have authority to enforce this article in any area lying without any Fire Protection District.

C. The Building Official shall have authority to enforce this article in any Fire Protection District upon request of the Chief of the Fire Protection District or the governing body thereof. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.420 Revocation of license – Appeal.

A. The Building Official may revoke, immediately and without notice or hearing, the license of any licensee who violates the provisions of EGMC Section 4.54.360(E), 4.54.380(A), (B) or (E), or 4.54.400(D). If the revocation occurs between June 22nd and July 5th, the Building Official shall inform the licensee that the licensee may seek review of the Building Official’s decision by the City Manager, or the City Manager’s designee, on the next business day. At the earliest opportunity on the next business day after the revocation, the Building Official shall provide the City Manager with written notice that a fireworks business license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. If requested by the licensee, the City Manager, or the City Manager’s designee, shall meet with the licensee on that day to review the Building Official’s decision. The decision of the City Manager or his designee shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subsection (B) of this section shall apply.

B. The Building Official may revoke the license of any licensee who violates any provision of this article not specified in subsection (A) of this section. Such revocation shall not take effect for five (5) days, during which time the licensee may seek review of the Building Official’s decision by submitting a written request for review to the City Manager. The Building Official shall provide the City Manager with written notice that a fireworks license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. The City Manager, or the City Manager’s designee, shall meet with the licensee and the Building Official to review the City Building Official’s decision. The decision of the City Manager or his designee shall be final.

C. Any licensee whose permit has been revoked pursuant to subsection (A) or (B) of this section shall be barred from receiving a license under this article for five (5) years from the date of revocation. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.430 Penalty – Infraction.

Notwithstanding the provisions of EGMC Chapter 1.04 or any other section of this code, and with the exception of the fourth (4th) and subsequent violation of this article within one (1) year as provided in subsection (C) of this section, the violation of any of the provisions of this article is an infraction subject to the procedures set forth in Sections 19.6 and 19.7 of the Penal Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.440 Seizure of fireworks.

The Chief, or the Chief’s designee, of the Cosumnes Community Services District Fire Department may seize, take, remove or cause to be removed, at the expense of the licensee, all stocks of fireworks offered or exposed for sale, stored or held in violation of this article when such violation creates an imminent threat to public health or safety. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.54.450 Concurrent authorities.

This article is not the exclusive regulation for fireworks within the City. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore and hereafter enacted by the County, the State, or any other legal entity or agency having jurisdiction. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article V. Public Convenience Determination for Alcohol Licenses

4.54.500 Application for determination of public convenience.

Any person whose application for any alcohol license is subject to a determination of public convenience or necessity by the City pursuant to Section 23958.4 of the Business and Professions Code shall submit an application to the City for a determination whether or not the public convenience and necessity would be served by the granting of such license. Such application shall be made on forms approved by the Development Services Director and shall contain such information as required by him or her. At a minimum, any application shall contain that information required by EGMC Title 23 (Zoning). The application shall be accompanied by payment of a fee to be established by resolution of the City Council calculated to offset the costs of the review and determination. The public convenience or necessity application shall include a written statement from the applicant demonstrating, by substantial evidence, that the public convenience or necessity would be served by the issuance of a license from ABC. [Ord. 24-2015 §3 (Exh. A), eff. 2-12-2016; Ord. 10-2011 §3, eff. 6-24-2011]

4.54.510 Review of applications.

A. Upon receipt of such request for a determination of public convenience or necessity or notice of an application for an alcohol license from the Department of Alcoholic Beverage Control (“ABC”), the Development Services Director shall refer such application to the departments and advisory bodies of the City for review and comment. The Development Services Director may request from the applicant any additional pertinent information regarding the applicant, the proposed license, or the applicant premises. All departments shall submit their findings, comments, or recommendations to the Development Services Director.

B. At a minimum, the Chief of Police shall determine whether there are existing problems regarding criminal activity at the applicant premises or in the area surrounding the applicant premises. If the Chief of Police determines that there are such existing problems with criminal activity, he shall report such problems, in writing, to the Development Services Director. In making this determination, the Chief of Police shall consider the following factors such as the incidence of:

1. Loitering and vandalism;

2. Public drinking and drunkenness;

3. Illegal drug usage and sales; and

4. Theft and violent behavior.

C. At a minimum, the Development Services Department shall determine whether the applicant premises are within the appropriate land use designations and have received all required entitlements to permit the type of sale of alcoholic beverages described in the application.

D. At a minimum, the Code Enforcement Department shall investigate whether there is any pending code enforcement action regarding the applicant premises. If it is discovered that there is a pending or ongoing code enforcement action involving the applicant premises, no PCN approval may be made by the City until the investigation is completed and all code violations are resolved.

E. At a minimum, the City personnel responsible for business licenses shall determine whether any required business license has been issued and is in good standing for the applicant premises. If the City personnel determine that a license is required and has not been issued or is not in good standing, they shall report such, in writing, to the Development Services Director.

F. At a minimum, the Building Official shall determine whether there are any building code violations at the applicant premises and shall report such, in writing, to the Development Services Director.

G. The Development Services Director shall also determine whether any protests were lodged with the ABC in relation to the applicant’s request for a license with that body.

H. The written reports required by this section are to be received by the Development Services Director within fifteen (15) days from the date the application is forwarded to such departments and advisory bodies. [Ord. 24-2015 §3 (Exh. A), eff. 2-12-2016; Ord. 10-2011 §3, eff. 6-24-2011]

4.54.520 Hearing required.

A. Proceedings to determine the public convenience or necessity of issuing any alcohol license subject to Section 23958.4(b)(2) of the Business and Professions Code shall be scheduled before the City Council. Notice of the public hearing shall be given in the same manner as required by EGMC Section 23.14.040.

B. The hearing shall be held without regard to the technical rules of evidence and all persons desiring to appear shall be permitted to do so. The Development Services Director or his or her designee shall present the results of all written reports from the City departments and advisory bodies. The alcohol license applicant shall be required to demonstrate, by substantial evidence, that the public convenience or necessity will be served by the issuance of a license.

C. In all cases in which an applicant applies for a PCN determination, the designated approving authority may exercise its discretion to grant or deny issuance of a letter of public convenience or necessity. In exercising its discretion, the approving authority shall consider the following factors:

1. Proximity and number of other retail outlets selling alcohol;

2. Proximity of the retail outlets to schools, playgrounds, and other facilities serving young people;

3. Proximity of the retail outlet to residential neighborhoods; and

4. Whether the retail outlet provides: (a) a wide range of desirable goods and services; or (b) a unique type of goods or services.

D. Findings. At the conclusion of the hearing, the designated approving authority shall determine, within the limits of Section 23958.4(b)(2) of the Business and Professions Code, whether the public convenience or necessity will be served by the issuance of a license for the alcohol sales at the applicant premises. The determination shall be reduced to writing by the Development Services Director and shall be provided by mail upon the alcohol license applicant and ABC. A determination of public convenience or necessity shall only be issued when the City Council makes all of the following findings:

1. The proposed use is compatible with neighborhood character; and

2. The proposed use will be of benefit to the neighborhood. [Ord. 24-2015 §3 (Exh. A), eff. 2-12-2016; Ord. 10-2011 §3, eff. 6-24-2011]