A. Permits
for temporary stands for the display and retail sales of fireworks
shall be issued by the Finance Director or his/her designee only in
accordance with the provisions of this chapter.
B. The
Finance Director or his/her designee shall have the discretionary
authority to grant or deny a permit, subject to reasonable conditions
as may be prescribed.
C. In addition
to the permit issued by the City, each qualified permittee shall obtain
the permit required by the Orange County Fire Authority.
(Prior code § 6330.1; 839 § 2, 1965; 1007 § 1, 1968; 2705 § 1,
2007; 2808 § 1, 2012; 2911 § 10, 2019)
A. The
City Council finds that locally based tax exempt organizations consistently
contribute to the public health and safety of City residents by: donating
time and funding to a variety of community events; assisting individuals
with medical, educational, and moral support; conducting unique volunteered
events contributing to the City's historical and cultural heritage.
These organizations further contribute to the City's mission of providing
cost effective public services to the community. They are also uniquely
qualified to assist in educating City residents in fire safety procedures
as further provided herein. Accordingly, based upon these contributions,
the City Council finds and determines that it is appropriate to designate
such organizations located within City limits as the only organizations
eligible to sell fireworks under the conditions set forth in this
section.
B. Only
federally certified non-profit tax exempt organizations located within
the City limits and primarily benefiting the Garden Grove community
are eligible to receive temporary fireworks stand permits. Applicants
for temporary fireworks stands shall provide to the City documentation
that establishes, to the reasonable satisfaction of the City, compliance
with these requirements. In the event the organization's address on
the IRS 501(c)(3) Charitable Organization Determination Letter is
a Post Office Box, a Personal Mail Box at a Commercial Mail Receiving
Agency, or the address of an authorized agent such as an accountant
or legal representative, the organization shall provide such other
documentation showing to the satisfaction of the City that the organization
is located within the City.
C. As a
condition to receiving a temporary fireworks stand permit, each permittee
shall work with the Orange County Fire Authority to ensure safe operation
of the temporary stand and to prepare and deliver educational material
to customers pertaining to fire safety in the use of fireworks at
any location. In addition, each permittee agrees to present such educational
materials in a programmed manner to its members on an annual basis,
and to the public in conjunction with sales from fireworks stands.
(Prior code § 6330.2; 839 § 2, 1965; 2493 § 1, 1999; 2599 § 1,
2003; 2744 § 1, 2009; 2808 § 1, 2012; 2911 § 10, 2019)
A. An application
for a temporary stand permit shall be made in writing on forms prescribed
by the Finance Director, and filed therewith not later than March
31st of the year for which the permit is requested. If March 31st
falls on a weekend, official city holiday, or a day in which city
hall is closed, the application will be due on the next business day
when the City is open for business.
B. Such
application and permit shall only be issued to a regular member of
the stated organization, and he or she shall be held responsible for
compliance with all rules and regulations.
C. Permits
are not transferable or assignable, shall only be valid for the dates
specified in the permit, and shall be subject to all conditions set
forth in the permit.
D. A completed
permit application package shall include, but not be limited to:
1. Name,
residence or physical business address, proper identification, and
signature of an authorized representative of the permit applicant;
2. Copy
of the applicant's IRS 501(c)(3) Charitable Organization Determination
Letter;
3. The
location of the proposed temporary stand, along with a notarized affidavit
from the property owner authorizing locating the stand on such property;
4. Completed
application to appeal or solicit on City-prescribed form;
5. Fireworks
distributor's (the "company") name, address, telephone number, and
point of contact;
6. A
copy of the sales tax permit from the California Department of Tax
and Fee Administration with the address of the fireworks stand;
7. A
copy of a valid State Fire Marshal Retail Fireworks License;
8. A
completed City business tax application with the organization's Federal
Tax Identification Number (FEIN). The FEIN must match the FEIN in
the IRS 501(c)(3) Charitable Organization Determination Letter;
9. A
legible, color copy of a Plot Plan showing the stand location and
distances from buildings, structures, or other facilities that may
impact the access, circulation or safety of the stand, workers and
patrons.
10. Additional information as reasonably required by the Finance Director
to process the application or the Orange County Fire Authority to
evaluate the proposed operation of a temporary stand by the applicant;
11. A completed liability release and indemnity form pursuant to Section
5.28.110 executed by the individual(s) authorized to bind the organization applying for the permit; and
12. The required permit fee established therefor.
E. Incomplete
or inaccurate applications will be denied.
(Prior code § 6330.3; 839 § 2, 1965; 1007 § 1, 1968; 2705 § 2,
2007; 2808 § 1, 2012; 2854 §§ 1—4, 2015; 2896 § 1, 2018; 2911 § 10, 2019)
Each qualified permittee shall pay a permit fee in the amount
established by resolution of the City Council from time to time. The
permit fee is intended to cover all costs associated with administering
the temporary fireworks stand permit program, including reviewing
applications and issuance of the City permit for temporary stands.
(Prior code § 6330.4; 839 § 2, 1965; 2290 § 1(9), 1994; 2599 §
1, 2003; 2705 § 3, 2007; 2808 § 1, 2012; 2854 § 5, 2015; 2911 § 10, 2019)
A. Each
permittee shall be limited to one stand and permit, except schools,
which shall be limited to three stands and permits.
B. There
shall be a maximum of 30 permits issued for temporary stands each
year.
C. At such
time as the total number of current, or returning qualified permittees
falls below the number of 30, the City will accept new applicants,
and if the number of new applicants then exceeds 30, the Finance Department
is authorized to implement an appropriate lottery system to determine
which of the total number of new applicants will be awarded a City
permit, thus in bringing the total annual number of permittees to
30.
(Prior code § 6330.5; 839 § 2, 1965; 2599 § 1, 2003; 2705 § 4,
2007; 2808 § 1, 2012; 2911 § 10, 2019)
The Finance Director, or his/ her designee, shall approve or
deny each application for a City permit based upon:
A. An assessment
of the applicant's proposed operations for compliance with the various
provisions of this chapter;
B. If the
applicant is a past permit holder, and if the applicant's:
1. Prior
compliance with the various provisions of this chapter and any conditions
imposed in the prior permit, including the timely submission of the
required Fireworks Financial Statement form and related proof of sales
tax payment to the California Department of Tax and Fee Administration;
and if
2. The
applicant's prior safety history in the operation of a temporary fireworks
stand; and
C. An assessment
of the proposed operation of the stand relative to the protection
of the public health, safety, and welfare. Conditions may be imposed
on permit issuance in order to ensure compliance with the provisions
of this chapter and as determined to be appropriate to protect the
public health, safety, and welfare from the potential impacts of the
operation of the stand.
(Prior code § 6330.6; 839 § 2, 1965; 1007 § 1, 1968; 2599 § 1,
2003; 2705 § 5, 2007; 2808 § 1, 2012; 2911 § 10, 2019)
Except as expressly permitted and pursuant to the requirements
of this chapter, it shall be unlawful to possess, sell, use, display
or discharge, within the City, those fireworks not bearing the seal
of the State Fire Marshal and that are defined and classified as "safe
and sane fireworks" as prescribed in Section 12529 of the California
Health and Safety Code and relevant sections of Title 19, Code of
Regulations ("fireworks").
(Prior code § 6330.8; 839 § 2, 1965; 2808 § 1, 2012; 2911 § 10,
2019)
Retail sales of safe and sane fireworks are authorized in the
City for temporary stand permit holders only on the dates and during
the times in this section. Retail sales shall be limited to that time,
between the hours of 10:00 a.m. and 10:00 p.m. during the days of
July 1st, July 2nd and July 3rd, and between the hours of 10:00 a.m.
and 9:00 p.m. on July 4th of that same year. All sales of fireworks
shall cease at 9:00 p.m. on July 4th, until the next calendar year.
(Prior code § 6330.9; 839 § 2, 1965; 1429 § 1, 1975; 2599 § 1,
2003; 2808 § 1, 2012; 2911 § 10, 2019)
All temporary stands, or the display and sale of safe and sane
fireworks, shall be located, maintained, and operated subject to the
provisions of this chapter.
(Prior code § 6330.10; 839 § 2, 1965; 808 § 1, 2012; 2911 § 10,
2019)
Any person or organization operating any permitted temporary
fireworks stand shall abide by and comply with all matters set forth
in the application for such permit, all regulations relating thereto
and established by ordinance, all restrictions and conditions imposed
by the Finance Director or his/her designee in granting the permit,
and the regulations and conditions under the Orange County Fire Authority
permit. Failure to comply with such regulations, conditions, or ordinances
is subject to penalty as provided for by law and this code, including,
but not limited to, the revocation of any current permit and the denial
of a future permit to the violator.
(Prior code § 6330.11; 839 § 2, 1965; 1007 § 1, 1968; 1362 § 1,
1973; 2599 § 1, 2003; 2808 § 1, 2012; 2911 § 10, 2019)
A. Indemnification.
As a condition to issuance of a permit under this chapter, each permittee
shall execute a liability release and indemnity form approved by the
City Attorney providing that such permittee will release, indemnify,
hold harmless, and defend the City of Garden Grove, its officers,
officials, agents, employees, and volunteers from and against any
and all actions, claims, demands, damages, disability, losses, expenses,
including reasonable attorney's fees and other defense costs or liabilities
of any nature, that may be asserted by any person or entity from any
cause whatsoever arising from the activities of permittee, its subcontractors,
employees, volunteers, and/or agents in connection with operation
of the stand.
B. As a
condition to issuance of a permit under this chapter, prior to the
erection of any stand, each permittee shall procure and maintain in
full force and effect during the term of the permit a policy of commercial
general liability insurance acceptable to the City, which provides
coverage against claims for injuries to persons or damages to property
which may arise from or in connection with the operations in and about
the stand and premises. Such policy shall provide coverage on a per
occurrence basis and be in such amount determined by the City Manager
or designee to be necessary under the circumstances, which amount
shall not be less than $1,000,000.00 per occurrence, and shall be
endorsed to name the City, its officers, officials, agents, employees
and volunteers as additional insureds and that the permittee's insurance
is primary and non-contributory as respects the City. No permit issued
hereunder shall be effective until proof of the required insurance
is submitted to the City. The City Manager or designee is authorized
to promulgate rules or requirements regarding acceptable insurance
carriers, provisions, endorsements, and/or forms acceptable to the
City.
(Prior code § 6330.13; 839 § 2, 1965; 1362 § 2, 1973; 2808 § 1,
2012; 2854 § 6, 2015; 911 § 10, 2019)
A. No such
stand shall be erected or maintained in such a manner so as to cause
an undue hazard to itself or adjoining property or to the persons
working within the stand.
B. No stands
shall be permitted within 1,000 feet of the following locations: Garden
Grove Park, Twin Lakes Park and Village Green Park.
(Prior code § 6330.14; 839 § 2, 1965; 2493 § 3, 1999; 2599 § 1,
2003; 2808 § 1, 2012; 2854 § 7, 2015; 2911 § 10, 2019)
Each stand erected shall have not less than two exits. Such
exits shall be so placed as to provide immediate egress from either
end of the stand. Exit doors shall only be locked in such a manner
as to be readily openable from the interior without special knowledge,
effort or tools, including keys.
(Prior code § 6330.15; 839 § 2, 1965; 2808 § 1, 2012; 2911 § 10,
2019)
There shall be maintained in each temporary stand within which
fireworks are sold or offered for sale an approved Class 2A fire extinguisher.
Whenever a temporary stand is being provided with electrical power
from a gasoline-powered generator, an additional 10BC, dry chemical,
fire extinguisher shall be installed. Fire extinguishers shall be
placed and maintained in locations that are readily accessible for
use, and each person who intends to assist in the operation of a temporary
stand will receive instruction on their location and use.
(Prior code § 6330.16; 839 § 2, 1965; 2808 § 1, 2012; 2911 § 10,
2019)
There shall be no overnight sleeping by owners, personnel, or
anyone within the stand. Nighttime watch service may be permitted,
provided persons shall be no closer than 50 feet from the stand.
(Prior code § 6330.18; 839 § 2, 1965; 2808 § 1, 2012; 2911 § 10,
2019)
A. Safe and sane fireworks as defined in Section
5.28.070 of this chapter may be discharged within the City only on July 4th of each year between the hours of 10:00 a.m. and 10:00 p.m.
B. Unless
expressly authorized in this code or under state or federal law, no
person shall sell, offer for sale, purchase, possess, store, use or
discharge fireworks of any kind in the City.
C. No person engaged in the business of the sale or disposition of fireworks shall sell, furnish, give, or cause to be sold, furnished or given away, any fireworks as defined in Section
5.28.070, to any person under the age of 18 years.
D. No person under the age of 18 years shall purchase any fireworks, as defined in Section
5.28.070.
E. No person
under the age of 18 years shall use or discharge any fireworks within
the City except when under the direct supervision and in the presence
of an adult.
F. No person
shall use or discharge any fireworks on any commercial, industrial,
or publicly owned parcel within the City, except in conjunction with
a validly issued Community Event Permit.
G. Except
to the extent that safe and sane fireworks, as defined in Section
5.28.080070, are authorized pursuant to this chapter, no person shall
sell, offer for sale, purchase, possess, store, use, or discharge
any fireworks in the City.
H. Except to the extent that safe and sane fireworks, as defined in Section
5.28.070, are authorized pursuant to this chapter, no person shall cause or allow the sale, purchase, possession, storage, use, or discharge of any fireworks on property that such person owns or controls.
I. No person shall allow the use or discharge of any safe and sane fireworks, as defined in Section
5.28.070, within 10 feet of any residence, dwelling, or other structure.
J. As used
in this chapter, the term "fireworks" shall include all fireworks
as defined in Sections 12505 and 12511 of the California Health and
Safety Code.
K. Following
the discharge of any fireworks, after they have sufficiently cooled,
shall be placed in the black garbage containers. The period to wait
for fireworks to cool should be no sooner than the next morning; unless
water is used for cooling.
L. Nothing
in this chapter shall preclude the City of Garden Grove, or other
businesses or entities possessing all required permits, from presenting
a "public display of fireworks," as that term is defined in California
Health and Safety Code Section 12524 or any successor provision thereto.
(1362 § 3, 1973; 1429 § 2, 1975; 2493 § 4, 1999; 2701 § 1,
2007; 2808 § 1, 2012; 2911 § 10, 2019)
An applicant may appeal any permit condition, denial, revocation
or suspension to the City Manager within 10 days from the date of
the action, by filing a notice of appeal in writing to the City Clerk.
The City Manager or his/her designee will review the appeal de novo,
and may grant or deny the permit, reinstate the permit, and impose
reasonable conditions as the City Manager or designee may determine
to be appropriate. Prior to making a decision the City Manager or
designee may request additional information from the applicant or
City staff. The decision of the City Manager will be final.
(Prior code § 6330.19; 1007 § 1, 1968; 1362 § 3, 1973; 2705 § 7,
2007; 2808 § 1, 2012; 2911 § 10, 2019)
The City Manager, or his/ her designee, or any appropriate law
enforcement authority shall have the authority to seize, take, remove,
cause to be removed, and dispose of all fireworks sold, offered for
sale, purchased, possessed, used, or held in violation of this chapter
or otherwise constituting a fire nuisance. Any seizure, removal, or
disposal of fireworks pursuant to this section shall occur in compliance
with all applicable statutory, constitutional, and decisional law.
In addition to any applicable penalties, fines, or available remedies,
the owner and possessor of the fireworks shall be liable to the City
for the actual costs of seizure, removal, and disposal of such fireworks.
(2701 § 2, 2007; 2808 § 1, 2012; 2911 § 10, 2019)
A. The
City Manager or his/her designee, or any appropriate law enforcement
authority, may immediately suspend a permit and close a temporary
stand, upon determining that the operation of the stand creates an
imminent or substantial danger to the public health, safety or welfare.
B. The
City Manager or his/her designee may revoke any temporary stand permit
when it is determined that the permittee has: (1) failed to comply
with any provisions of this chapter; (2) violated any condition of
its temporary stand permit; (3) operated or is operating a temporary
stand in a manner which causes or threatens to cause a danger to the
public health, safety or welfare.
C. Any
determination to immediately suspend or revoke a permit and close
a stand shall be deemed final upon issuance, and subject to immediate
judicial review.
(2911 § 10, 2019)