A. 
The city manager ("manager") may appoint one or more persons to serve as the fireworks permitting officer(s) ("permitting officer"), who will review all temporary fireworks stand ("temporary stand") applications, and prioritize them as set forth in this chapter.
B. 
All temporary stand permits ("permit") for the display and retail sale of fireworks shall be issued by the permitting officer in accordance with the provisions of this chapter. The permitting officer shall have the discretionary authority to grant or deny a permit, subject to reasonable conditions as may be prescribed.
C. 
No temporary stand permit shall be formally issued or become effective until the appeal period and appeal process prescribed under Section 9.66.210 has been completed. The granting of an appeal by the manager may result in the denial of an application which was initially determined by the permitting officer to have been entitled to a permit.
(Ord. 2470 § 1, 2011)
A. 
The city council finds that locally based tax exempt 501(c) organizations consistently contribute to the public health and safety of city residents by: donating time and funding to a variety of community events and programs; assisting individuals with medical, educational, and moral support; and conducting unique events contributing 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. Accordingly, based upon these contributions, the city council finds and determines that it is appropriate to designate such organizations located within the city limits as the only organizations eligible to receive temporary stand permits to sell fireworks in the city.
B. 
Only nonprofit tax exempt organizations qualified under Section 501(c) of the Internal Revenue Code, located within the city limits and primarily benefiting Westminster residents, are eligible to receive temporary stand permits. Applicants for permits shall provide the city with documentation which establishes, to the reasonable satisfaction of the city, compliance with these requirements.
C. 
As a condition to receiving a permit, each permittee will work with the Orange County fire authority ("OCFA") to ensure safe operation of the temporary stand and to provide educational material and information to customers pertaining to safe use of the fireworks sold.
(Ord. 2470 § 1, 2011; Ord. 2492 § 2, 2012)
A. 
Applications for temporary stand permits will be made in writing on forms prescribed by the manager. Applications must be filed between March 1st and March 31st of the year for which the permit is requested, and must be deemed completed by the permitting officer by no later than March 31st of the same year. A permit may only be issued to a regular member of the stated organization, and that person will be held responsible for compliance with all rules and regulations.
B. 
Permits are not transferable or assignable, will only be valid for the dates specified in the permit, will be subject to all conditions set forth in the permit, and are subject to suspension and/or revocation pursuant to Section 9.66.200.
C. 
A completed permit application package shall include, but not be limited to, all of the following:
1. 
A fully completed permit application on the city-prescribed form, together with the currently established permit fee;
2. 
Name, address and signature of an authorized representative of the permit applicant;
3. 
Written authorization from the nonprofit organization authorizing the named individual to apply for a permit on behalf of the organization;
4. 
Address and map of the proposed fireworks stand location;
5. 
Written authorization from the property owner authorizing the stand in the proposed location;
6. 
Fireworks distributor's name, address, telephone number and point of contact, along with a copy of the contract between the nonprofit and the fireworks distributor;
7. 
A copy of the organization's valid sellers permit;
8. 
A copy of a valid State Fire Marshal retail fireworks license;
9. 
Evidence the organization has a valid city business license to operate a temporary fireworks stand;
10. 
Assurance that if the permit is granted, the applicant will be able to meet the insurance requirements described in Section 9.66.130, including providing actual proof of insurance within three business days of permit issuance;
11. 
Additional information as reasonably required by the permitting officer to evaluate the application or the proposed location; and
12. 
Signed acknowledgment that the permittee is required to post a refundable deposit of two hundred dollars pursuant to Section 9.66.140(B).
(Ord. 2470 § 1, 2011)
The application for a temporary stand permit for the display and sale of fireworks shall be accompanied by a filing fee made payable to the city, in the amount established by resolution of the city council from time to time. In the event the permit application is denied or otherwise not granted, the permit fee shall be refunded to the applicant. In the event a permit is granted and is subsequently revoked or suspended, the permit fee shall not be refunded.
(Ord. 2470 § 1, 2011)
An investigation may be made by the police department and a report submitted to the permitting officer with recommendations for or against the issuance of the permit, together with the reasons for the recommendation.
(Ord. 2470 § 1, 2011)
A. 
No nonprofit organization shall submit more than one application for a temporary stand permit each calendar year. If more than one application is submitted on behalf of any nonprofit organization, including an affiliated organization, only the first application will be accepted. All subsequent applications may be rejected in the discretion of the permitting officer. If a question arises as to whether two or more organizations or groups are affiliated, the manager will have ultimate authority to decide the question.
B. 
Each permittee shall be limited to one permit each calendar year.
C. 
There shall be a maximum of fifteen temporary stand permits issued by the city each calendar year.
(Ord. 2470 § 1, 2011)
The permitting officer will, in his or her discretion, determine the eligible organizations to which permits will be granted. The permitting officer shall only consider applications filed by eligible organizations that have met all of the application requirements of this chapter. In making its determination, the permitting officer will consider a number of factors, which have been listed below in the order of the priority to be given. Factors located higher on the list shall be given greater weight than those factors located further down the list. The factors to be considered are as follows:
A. 
Whether the primary purpose of the nonprofit organization is to operate or support a city owned facility.
B. 
Whether the primary purpose of the nonprofit organization is to operate or support a city program.
C. 
Whether the primary purpose of the nonprofit organization is to operate or support a Westminster school district facility or program.
D. 
Whether the primary purpose of the organization is to benefit Westminster residents or programs, and where the organization has also received funding from the city in the last twelve months.
E. 
Whether the nonprofit organization has a history of making or is proposing to make contributions to the city's civic pride or betterment, youth activities and programs, care or assistance to the elderly, infirmed or disabled, assistance to or support of the business community, charitable efforts and other beneficial community contributions.
F. 
Other factors to consider:
1. 
The suitability of the location where the organization proposes to operate, together with an assessment of the proposed operation relative to the protection of the public health, safety and welfare;
2. 
If the applicant is a past permit holder: (i) the applicant's prior compliance with the various provisions of this chapter and any conditions imposed in the prior permit; and (ii) the applicant's prior safety history in the operation of a temporary fireworks stand;
3. 
The number of permits already granted to other nonprofit organizations benefiting the same facility, school, district, league, program or activity;
4. 
The date the application was submitted;
5. 
Other factors deemed appropriate by the manager.
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.
(Ord. 2470 § 1, 2011)
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").
(Ord. 2470 § 1, 2011)
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 ten a.m. and ten p.m. during the days of June 30th, July 1st, July 2nd and July 3rd, and between the hours of ten a.m. and nine 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.
(Ord. 2470 § 1, 2011)
Any person or organization operating a temporary stand permit shall abide by and comply with all terms, conditions, rules and restrictions set forth in the application for the permit, in this chapter, and in any policy, rules and regulations adopted by the manager or city council. Failure to comply with the requirements of this section shall subject the violator to penalties as prescribed in this chapter or under law, including, but not limited to, the revocation of any current permit and denial of future permit issuance.
(Ord. 2470 § 1, 2011)
Upon receipt of notice from the city that a permit has been granted, permittee will deliver to the city a certificate of insurance evidencing an occurrence-based policy of general liability insurance with the following minimum limits: one million dollars public liability and property damage; and general aggregate coverage of two million dollars. No policy will be acceptable which contains a provision allowing a deductible amount. The policy will be endorsed to name the city as an additional insured and that the permittee's insurance is primary and non-contributory as respects the city. Completed policy endorsements and certificates will be filed with the city within three business days of a permit being granted, and current endorsements will be maintained on file with the city until the temporary stand and any unsold fireworks are removed from the city. The manager, in his or her discretion, may amend the insurance requirements to require a greater level of coverage.
(Ord. 2470 § 1, 2011)
All temporary stands for the display and the sale of fireworks shall be located, maintained and operated subject to the following provisions:
A. 
Any person operating any such stand will abide by and comply with all requirements and conditions set forth in the permit, in this chapter, and in any policy, rule or regulation adopted by the city, and all applicable state and federal laws.
B. 
By the close of business day on June 1st of the year for which the permit is granted for the erection of any such temporary stand, the permittee shall post with the city a refundable deposit in the amount of two hundred dollars ("deposit"). The deposit will be forfeited in the event the permittee fails to remove the temporary stand, all remaining fireworks, and all related equipment and rubbish from the premises upon which the stand is located, to the satisfaction of the manager or designee before midnight July 9th of the year for which the permit is granted. If the temporary stand, fireworks, equipment and rubbish are removed within the specified period, the deposit shall be returned to the holder of the permit.
C. 
No temporary stand shall be erected within thirty-five feet of any structure whether on the same parcel or adjacent parcels.
D. 
The sale or discharge of fireworks is not permitted within one hundred feet of any flammable combustible liquid storage, pump or dispensing device, or on any property where there are flammable liquids stored or dispensed.
E. 
Temporary stands shall be located a minimum of twenty feet from any roadway/curb and thirty feet away from any combustibles. Additionally, the stand shall be a minimum of thirty-five feet from any structures, recreational vehicles or trailers.
F. 
No person shall light or cause or permit to be lighted any match, fireworks, device or other combustible article within a temporary stand or within thirty feet of a temporary stand.
G. 
No smoking is allowed within thirty feet of any temporary stand. All temporary stands are required to have "No Smoking" signs posted both on the interior of the stand and outside near all exterior openings.
H. 
No electrical appliances of any description, except permanently installed lights or battery-operated devices, are permitted within any temporary stand.
I. 
There shall be no drinking or storage of alcoholic beverages in or around a temporary stand at any time.
J. 
The permittee shall maintain a thirty-foot area in all directions around each temporary stand in a neat and orderly manner, free from all weeds, trash, rubbish and other debris.
K. 
No person under eighteen years of age shall be permitted within any temporary stand.
L. 
No person engaged in the business of the sale or disposition of "state approved" safe and sane fireworks as authorized under this chapter, shall sell, furnish, give or cause to be sold, furnished or given away, any fireworks as defined in Section 9.66.080, to any person sixteen years of age or younger.
M. 
Signs shall be posted on the interior and exterior of the stand stating that the minimum age to purchase of fireworks is sixteen years of age.
N. 
No person shall be permitted to remain inside a temporary stand during non-business hours, except for the initial construction of the stand and for loading and unloading of merchandise.
O. 
Temporary stands shall not be erected on unimproved land, as defined by Section 10.08.155.
(Ord. 2470 § 1, 2011)
A. 
All stands must be constructed of either wood or metal, studs of sufficient size to adequately support the roof, and shall have an exterior of noncombustible material.
B. 
Service openings will be a minimum of forty inches from the ground level, with at least twelve inches of one-half inch wire mesh at the bottom of such service openings.
C. 
Each stand erected will have not less than two exits. Such exits shall be placed as to provide immediate egress from either end of the stand. Exit doors will be installed in such a manner as to be readily operable from the interior without special knowledge, effort or tools, including keys.
D. 
A minimum of thirty-inch aisles shall be maintained and kept clear to all exits.
E. 
Locking or latching devices are not permitted on the inside of stand doors.
F. 
Slide bolts, hook/eye and other types of locks are not permitted, and must be removed.
G. 
A locked padlock shall be placed through the latch of the stand's exterior locking device in the locked position to prevent the door from being locked from the outside whenever the stand is occupied.
H. 
All wiring shall be in rigid conduit, flex conduit, or construction grade temporary cords, and properly grounded.
I. 
Electrical connections shall be at least twelve feet above ground, when subject to foot traffic, and at least sixteen feet above ground when subject to automobile and truck traffic.
J. 
The stand shall be equipped with suitable covers or shutters to completely seal off the service openings during those hours the stand is not in operation.
(Ord. 2470 § 1, 2011)
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.
(Ord. 2470 § 1, 2011)
A. 
Prior to the placement of any fireworks in or the sale of fireworks from a temporary fireworks stand, an electrical permit will be obtained from the city for any electrical conductors installed for service to the temporary stand, and final approval must be obtained from the city's building division to ensure compliance with all related codes.
B. 
Applicant shall also be responsible for obtaining the appropriate permit and approval from the local fire authority.
C. 
Applicant shall also be responsible for obtaining permits and approvals as may be required by local, state and federal law.
(Ord. 2470 § 1, 2011)
A. 
Fireworks shall be stored or kept only inside the temporary stand. Fireworks shall not be stored in any garage, home, automobile or other structure, unless expressly authorized in this chapter.
B. 
Each temporary stand will have one or more designated persons over the age of twenty-one, who will to act and serve as a watchperson for the temporary stand during all hours when the stand is not in operation selling fireworks. The designated person must be pre-approved by the chief of police or designee, prior to the installation of the temporary stand at the designated location. The designated watchperson will remain outside but within eyesight of the temporary stand.
(Ord. 2470 § 1, 2011)
A. 
Safe and sane fireworks as defined in Section 9.66.080 of this chapter may be discharged within the city only on July 4th of each year between the hours of ten a.m. and ten 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 under sixteen years of age shall purchase any fireworks, as defined in Section 9.66.080.
D. 
No person under sixteen years of age shall use or discharge any fireworks within the city except when under the direct supervision and in the presence of an adult.
E. 
No person shall discharge fireworks in the city on July 4th so as to put on a public display without first obtaining a special event permit, as defined in Chapter 9.61.
F. 
The discharge of fireworks shall not be permitted on any public property with the exception of residential public rights-of-way located immediately adjacent to a dwelling and only if the discharge is conducted in a safe manner to ensure public safety and traffic flow.
G. 
Except to the extent authorized in this chapter, no person shall cause or allow the sale, purchase, possession, storage, use or discharge of any fireworks on any property without first obtaining the permission of the property owner.
H. 
No person shall allow the use or discharge of any safe and sane fireworks, as defined in Section 9.66.080, within ten feet of any residence, dwelling or other structure.
I. 
Toy cap pistols, caps, carbide cannons (and substantially similar fireworks), are strictly prohibited to be sold, possessed or discharged in the city.
J. 
No person shall sell, discharge, or possess dangerous fireworks, as defined by the California Health and Safety Code, within the city of Westminster at any time, without first obtaining all required permits and licenses.
K. 
Following the discharge of any fireworks, after they have sufficiently cooled, all used fireworks shall be placed in the black garbage containers. The period to wait for fireworks to cool should be no sooner then the next morning; unless water is used for cooling.
Nothing in this chapter shall preclude the city, or other persons 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.
(Ord. 2470 § 1, 2011)
A. 
The permitting officer, or any public safety officer, 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 permitting officer may revoke any temporary stand permit when it is determined that the permittee has: (i) failed to comply with any provisions of this chapter; (ii) violated any condition of its temporary stand permit; (iii) 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. 
Upon revocation of any temporary stand permit, the permitting officer at his or her discretion, may grant another temporary stand permit to another eligible organization that had previously submitted a completed application for that permitting year, provided the total number of valid permits granted for that permitting year shall not exceed the number authorized by this chapter.
(Ord. 2470 § 1, 2011)
An applicant may appeal any permit condition, denial, revocation or suspension to the manager within a period ten days from the date of the action, by filing a notice of appeal in writing to the city clerk. The manager will review the appeal de novo, and may grant or deny the permit, reinstate the permit, uphold the revocation or suspension, and impose reasonable conditions as the manager may determine to be appropriate. Prior to making a decision the manager may request additional information from the applicant or city staff. The decision of the manager will be final.
(Ord. 2470 § 1, 2011)
The manager or designee or any appropriate law enforcement authority has the authority to seize, remove, cause to be removed, and may dispose of, all fireworks sold, offered for sale, purchased, possessed, used, or held in violation of this chapter or state law, or otherwise constituting a fire nuisance. Any seizure, removal, or disposal of fireworks pursuant to the 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 the seizure, removal, storage, and disposal of such fireworks.
(Ord. 2470 § 1, 2011)