For the purpose of carrying out the provisions of this chapter, the following words and/or phrases shall have the meanings ascribed to them as provided in this section:
"Applicant"
means the person, business or organization who files an application for a permit.
"Enforcement Officer."
The enforcement officer is the city planning director and/or designee.
"Fireworks sales booth"
means the booth, stand or other approved structure used for the purposes of selling fireworks.
"Local nonprofit organization"
means "nonprofit organizations" as defined herein, which have a primary meeting place within the geographical boundaries of the city of Waterford and which must have been organized and established within the city's boundaries for a minimum of one continuous year preceding the filing of the application for a permit, and must have a bona fide membership of at least five members who reside in the city of Waterford.
"Nonprofit organization"
means any nonprofit association or corporation organized primarily for veteran, patriotic, welfare, religious, civic betterment or charitable purposes, which has been issued a tax exempt certificate as required under the Revenue and Taxation Code of the state of California or a group which is an integral part of a recognized national organization having such a tax exempt status.
"Person"
means any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, limited liability company or any other group or combination acting as a unit.
(Ord. 99-03 §1; Ord. 2013-02 §1)
It is unlawful for any person to engage in the sale or distribution of fireworks within the corporate boundaries of the city without first having secured a permit to do so from the city of Waterford.
(Ord. 99-03 §1; Ord. 2013-02 §1)
The city of Waterford requires a temporary use permit for a permit to sell fireworks. The temporary use permit application form shall require the proper identification (name, address and phone number of contact person for the nonprofit organization, the applicant) and signature of the permit applicant, the proposed location of the fireworks sales booth, a site plan for the sales booth, the written consent of the owner of the property upon which the proposed sales booth will be located and such other information as the planning director may deem necessary to properly implement and administer the provisions of this chapter.
(Ord. 99-03 §1; Ord. 2013-02 §1)
A. 
All applications shall be submitted to the planning director on or before June 1st of each year. Each application must be complete and contain all required information. Any application which is not properly completed and submitted to the office of the planning director by June 1st may not be considered due to time constraints in coordinating with other agencies involved in the approval process.
B. 
The planning director, or designee, shall review all such applications, and shall consult with the planning department to insure that the proposed location meets existing zoning regulations and does not create pedestrian or vehicular traffic hazards.
(Ord. 99-03 §1; Ord. 2013-02 §1)
The planning director, or designee, shall issue a temporary use permit to each qualified applicant who has submitted a timely completed application. Each permittee shall comply with all of the provisions of this chapter and such rules and regulations as may be established by the planning director pursuant to the authority granted in Section 8.30.070 of this chapter.
(Ord. 99-03 §1; Ord. 2013-02 §1)
The planning director shall have authority to adopt and implement such administrative rules and regulations as may be required to: (1) provide for the orderly administration of this chapter; (2) insure compliance with all rules and regulations required by state law and the rules and regulations of the state fire marshal and Stanislaus consolidated fire protection district; and (3) insure the safety of the booth structure and the sales operations.
In addition, the following rules and regulations shall apply:
A. 
Each proposed fireworks sales booth for which a temporary use permit is issued shall be required to meet and comply with all regulations and site location requirements established by the state fire marshal and the Stanislaus consolidated fire protection district.
B. 
All such fireworks sales booths shall be located only upon property that is zoned for commercial or industrial uses.
C. 
Each applicant shall be limited to one booth, which permit shall authorize the sale of fireworks at only the approved site location shown on the permit.
(Ord. 99-03 §1; Ord. 2013-02 §1)
A. 
It is unlawful for the permittee organization to permit any person other than the permittee organization to operate the booth for which the permit is issued or to otherwise participate in the profits of the operation of such booth.
B. 
It is unlawful for the permittee organization to permit any person other than the individuals who are members of the permittee organization, their spouses or adult children or volunteers to whom no compensation is paid, to sell or otherwise participate in the sale of fireworks at such booth.
C. 
It is unlawful for the permittee organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such booth, except the hiring of a night watchperson or security officer.
(Ord. 99-03 §1; Ord. 2013-02 §1)
A. 
Permits for fireworks sales booths issued pursuant to the provisions of this chapter are not transferable by the holder of the permit to any person or other nonprofit organization. The permit may be used only by the nonprofit organization to whom it is issued for the purpose of operating a single fireworks sales booth at the approved location as indicated on the permit.
B. 
A copy of the permit shall be posted in a conspicuous location within the interior portion of the fireworks sales booth at all times.
C. 
A sign shall be affixed to the front exterior portion of the fireworks booth, in letters at least six inches in height, identifying the name of the nonprofit organization to whom the permit was issued.
(Ord. 99-03 §1; Ord. 2013-02 §1)
The planning director, or designee, shall serve as the enforcement officer, and shall be responsible for the enforcement of the provisions of this chapter. In addition to the penalties set forth in Section 8.30.110, the enforcement officer shall have the authority to immediately suspend or revoke the permit of any fire-works sales booth which has conducted its operations in violation of any of the provisions of this chapter, state law, the rules and regulations of the state fire marshal and the Stanislaus consolidated fire protection district, or the rules and regulations of the planning director promulgated pursuant to Section 8.30.070. Upon suspension or revocation of a permit, all sales activity shall immediately cease.
(Ord. 99-03 §1; Ord. 2013-02 §1)
Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and shall be punished in accordance with the provisions of Section 1.12.020 of this code.
(Ord. 99-03 §1; Ord. 2013-02 §1)
Applicants for a permit under this chapter, and holders of permits issued pursuant to this chapter, shall pay such application fees and inspection fees as may be established by resolution of the city council, and shall pay the business license fees established pursuant to Title 5 of this code.
(Ord. 99-03 §1; Ord. 2013-02 §1)
It is the intention of the city council that the provisions of this chapter shall govern the sale of fire-works within the city, and that such provisions shall be paramount to any other provisions of this code that are inconsistent with the provisions contained in this chapter.
(Ord. 99-03 §1; Ord. 2013-02 §1)