"Dangerous fireworks"
means every fireworks article which does not bear the safe and sane classification label of the state fire marshal, or whose sale is prohibited by city council resolution.
"Fireworks"
means blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, fire balloons (balloons of a type which have burning material of any kind attached thereto or which require fire underneath to propel them), firecrackers, torpedoes, sky rockets, roman candles, daygo bombs, sparklers, or other fireworks of like construction and any fireworks containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, but does not include toy pistols, toy canes, toy guns, or other similar devices in which paper caps containing not more than 0.25 grain of explosive compound per cap, is used.
"Principal and permanent meeting place"
means a place that is owned, rented, or leased by the organization, or a meeting room, hall, or facility where the organization has a right to demand exclusive occupancy at specific times and dates for regularly scheduled meetings.
"Safe and sane fireworks"
means only those fireworks articles that have been classified and registered as safe and sane by the state fire marshal, and which have not been altered or been tampered with or used in other than the manner prescribed by the manufacturer and state fire marshal.
"Youth"
means persons under 19 years of age.
(Ord. No. 04-5, § 1, 5-17-04; Ord. No. 09-6, § 1, 5-19-09)
No person, firm or corporation shall sell or offer for sale any fireworks within the City of Costa Mesa without first obtaining a permit from the director of finance.
(Ord. No. 04-5, § 1, 5-17-04)
Permits for the sale of safe and sane fireworks shall be issued only if:
(a) 
The applicant is a bona fide nonprofit organization or school, as recognized by the State of California, that was formed to benefit the youth and students of the city; and
(b) 
The applicant is any school located within the boundaries of the City of Costa Mesa, any school within a mile of the city boundary which has a student body consisting of at least 50% Costa Mesa residents, or the applicant has its principal and permanent meeting place within the City of Costa Mesa; and
(c) 
For non-school applicants, the applicant has at least 80% of its current members residing within the city limits of Costa Mesa or the applicant otherwise satisfies the requirements of Council Policy 400-2 or other applicable council policy(ies) which may be enacted or amended from time to time relating to membership requirements or expenditure restrictions for fireworks stand permittees; and
(d) 
The director of finance determines, after considering the applicant's qualifications, that it has available and will utilize the necessary personnel, material and equipment to protect the health and safety of the citizens of the city in connection with fireworks sales; and
(e) 
The permits issued comply with the regulations established by city council resolution or council policy governing the number of fireworks stands and their allocation among various types of applicant organizations.
(Ord. No. 04-5, § 1, 5-17-04; Ord. No. 06-3, § 1, 2-7-06)
Each applicant for a permit shall file its application with the department of finance, which application shall show the following:
(a) 
Name and address of applicant;
(b) 
The applicant's status as a nonprofit, charitable, religious or eleemosynary corporation or association;
(c) 
The purpose for which the applicant is primarily existing and for which it was organized;
(d) 
The names and addresses of the officers, if any, of the applicant;
(e) 
The location where the applicant will sell fireworks;
(f) 
When the applicant was organized and established;
(g) 
The location of the applicant's principal and permanent meeting place;
(h) 
The name, address, and state fire marshal's license number of any wholesaler or distributor from whom the retailer proposes to purchase fireworks for resale;
(i) 
The applicant's state board of equalization sales tax permit number;
(j) 
The manner, method and times, when and how the applicant proposes to sell safe and sane fireworks;
(k) 
Such other information as the director of finance may require to make his investigation.
(Ord. No. 04-5, § 1, 5-17-04)
An application shall be filed on or before June 1 of the calendar year for which the permit is sought. Any permit issued shall be valid for the premises or location for which issued, shall not be transferable, assignable or renewable, and shall be valid only for the dates specified in the permit.
(Ord. No. 04-5, § 1, 5-17-04)
Before granting the permit, the director of finance shall obtain clearance of the location from the fire department of the City of Costa Mesa.
(Ord. No. 04-5, § 1, 5-17-04)
The director of finance shall, on satisfying himself that the applicant meets the requirements of this article, grant a permit, subject to any conditions the director deems necessary for the public's safety and general welfare.
(Ord. No. 04-5, § 1, 5-17-04)
(a) 
The permit fee for selling fireworks within the city shall be set by resolution of the city council. The permit fee must be paid at the time the application for a fireworks stand is filed.
(b) 
A separate fee shall be set by resolution of the city council for the city's fireworks clean-up fee. The fireworks clean-up fee shall be paid at the time the application for a fireworks stand is filed.
(Ord. No. 06-3, § 2, 2-7-06)
Any person operating a temporary stand for the display and sale of fireworks shall abide by and comply with all the requirements set forth in the application for a permit to operate the same and all conditions and re-strictions imposed by the director of finance in granting the permit.
(Ord. No. 04-5, § 1, 5-17-04)
Prior to the erection of any temporary stand for the display and sale of fireworks, the permittee shall post with the city a cash deposit in a sum set by resolution of city council to be forfeited to the city in the event the permittee does not remove said stand, equipment and rubbish from the premises upon which the stand is located before midnight of July 7, of the year for which said permit is granted. The fire department shall make an inspection, and, if all equipment, rubbish and debris are removed by the permittee as aforesaid, it shall notify the director of finance and the cash bond shall thereupon be returned to the permittee.
(Ord. No. 04-5, § 1, 5-17-04)
Prior to the erection of any temporary stand for the display and sale of fireworks, the permittee shall procure public liability and property insurance covering its operation in and about said stand and premises in a minimum amount of one million dollars ($1,000,000) combined single limit. The permittee shall file a certificate of such insurance with the city clerk.
(Ord. No. 04-5, § 1, 5-17-04)
(a) 
No person shall possess, discharge, sell or offer for sale, any fireworks within the city which are classified as dangerous fireworks as those terms are defined by the California Health and Safety Code.
(b) 
No person shall sell or offer for sale fireworks within the city without first having obtained a Retail Fireworks License from the Office of the State Fire Marshal as required under the laws of the State.
(c) 
No person shall sell or offer for sale fireworks within the city to a person under the age of 18 years.
(d) 
No person shall sell or offer for sale fireworks within the city unless such sale occurs between June 30th and 9:00 p.m. on July 4th, inclusive.
(e) 
No person shall discharge any fireworks of any kind within the city, except on the dates of July 2nd through July 4th between 4:00 p.m. and 10:00 p.m. on such days.
(f) 
No person under the age of 18 years shall discharge any fireworks unless in the presence of an adult.
(g) 
No person shall throw, toss, project or position an ignited firework of any kind in such a manner as to cause the firework or contents thereof to come in contact with another person's body, private property or real property.
(h) 
No person shall sell or offer for sale any fireworks in violation of the regulations established by city council resolution for the protection of city residents.
(Ord. No. 04-5, § 1, 5-17-04; Ord. No. 10-6, § 1, 5-18-10; Ord. No. 11-6, §§ 1, 2, 5-17-11; Ord. No. 17-14, § 1, 10-17-17)