Note: Prior history: Prior code Sections 6407—6407.6 as amended by Ords. 1215, 1233, 1340, 1470, 1506, 1543, 1793, 1797, 1823, 1956, 2013 and 2041.
This chapter is adopted pursuant to the city's police powers for the purpose of protecting public health and safety, while also promoting public welfare and proprietors' contribution to the community by allowing temporary fireworks sales.
(Ord. 2088 § 1, 2012)
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter:
"Administrator"
means the management services director or other person designated by the city manager.
"Firework"
means "safe and sane" fireworks defined by Health and Safety Code Section 12529;
"Firework sales"
means selling or offering fireworks for sale.
"Permittee"
means a holder of a current permit issue pursuant to this chapter to sell fireworks.
"Person"
means any natural person or legal entity;
"Proprietor"
means a local patriotic, charitable or nonprofit civic organization, which qualifies under Section 501(c)(3) through (14) of the Internal Revenue Code as a charitable organization and:
(1) 
Has principal offices in or is primarily active within the city's boundaries and conducted meetings regularly within the city for not less than three consecutive years immediately preceding an application for a fireworks permit; and
(2) 
Has a bona fide membership of not less than fifteen members. A proprietor includes any parent, principal, or master entity.
"Temporary stand"
means a temporary stand or structure used for firework sales operated and maintained by a charitable organization.
"Unlawful firework"
means "dangerous fireworks" defined by Health and Safety Code Section 12505.
(Ord. 2088 § 1, 2012)
(a) 
It is unlawful for any person to engage in firework sales without a valid permit issued pursuant to this chapter for each location at which activity is proposed to occur.
(b) 
It is unlawful for any person to store or discharge fireworks except as provided in this chapter.
(c) 
It is unlawful for any person to sell, offer for sale, store, or discharge any unlawful firework.
(Ord. 2088 § 1, 2012)
(a) 
Where the provisions of this chapter require that a applicant/permittee be served with notice, such notice is deemed served when personally delivered to such applicant/permittee or when deposited in the first class U.S. mail, addressed to such applicant/permittee at the applicant/permittee's last known address.
(b) 
Unless otherwise provided, written notification to a applicant/permittee of a permit decision will state with particularity the basis for such decision.
(Ord. 2088 § 1, 2012)
(a) 
Permit applications must be filed by a natural person in the name of each proprietor proposing to conduct firework sales.
(b) 
Every application must be signed by the proprietor, or the proprietor's authorized representative, under penalty of perjury.
(c) 
Permit applications will be in writing in a form prescribed by the administrator and contain all of the following information:
(1) 
The name, mailing address, and daytime and evening telephone numbers of the person filing the application;
(2) 
The address and telephone number of the location for which a permit is sought;
(3) 
The name and mailing address authorized by each proprietor to receive all notices. If such an address is not supplied, notices will be sent to the business address;
(4) 
The names of the persons who will actually operate the temporary stand on behalf of the applicant and a complete account of the proposed disposition of all gross receipts of fireworks to be sold at the proposed stand;
(5) 
Whether or not the proprietor was previously issued a permit under this chapter that was revoked and, if so, the revocation date; and
(6) 
Such other information as the administrator deems reasonably necessary for administering or enforcing this chapter.
(d) 
Except for renewal applications, applications for fireworks permits must be filed with the administrator between April 1st and May 15th of the year for which the permit is requested.
(e) 
All applications must be accompanied with a fee established by resolution.
(Ord. 2088 § 1, 2012)
(a) 
The administrator must issue a permit if:
(1) 
The application was complete in accordance with this chapter;
(2) 
The applicant pays all applicable fees;
(3) 
There are no grounds for denying the permit; and
(4) 
Applicant accepts the permit approval or conditional approval in writing.
(b) 
Use of any permit issued pursuant to this chapter must conform to this chapter.
(Ord. 2088 § 1, 2012)
A permit must be denied for the following reasons:
(a) 
The application is incomplete;
(b) 
The applicant failed to provide reasonable supplemental application information requested by the administrator;
(c) 
Information submitted by the applicant is materially false;
(d) 
The applicant failed to provide documentation showing that at least fifty percent of net profits from the sale of fireworks will be expended for the benefit of the city or its residents and that, if applicable, at least fifty percent of net profits from the sale of fireworks from the previous year were expended for the benefit of the city or its residents;
(e) 
The application is submitted by a person whose permit was revoked within three years prior to the date the application is submitted; or
(f) 
The application seeks authorization for firework sales that is prohibited by this code or unlawful under any other local, state, or federal law.
(Ord. 2088 § 1, 2012)
Permittees must:
(a) 
Comply with all local, state, and federal laws regulating fireworks including, without limitation, this code;
(b) 
Unless exempt, maintain a valid business license issued pursuant to this code;
(c) 
Allow authorized enforcement officers to enter onto permitted premises to ensure compliance with this chapter during business hours.
(Ord. 2088 § 1, 2012)
Permits for temporary stands for fireworks sales may be issued by the administrator only in accordance with the following provisions:
(a) 
Fireworks permits for temporary stands can be issued only to proprietors that are incorporated pursuant to state law or are chartered by a state or national organization.
(b) 
An applicant seeking renewal of a permit must have filed a fireworks stand financial statement form provided by the city. This form must be filed on or before August 31st of the same year as the fireworks sales for the Fourth of July celebration.
(c) 
An applicant seeking renewal of a permit must provide documentation showing that at least fifty percent of the prior year's net profits from the sale of fireworks were expended for the benefit of the city or its residents. Failure to provide such documentation and certify the authenticity of such will cause such renewal application to be automatically denied.
(d) 
The application must be accompanied by a fee made payable to the city from the organization submitting the application in the sum established by resolution.
(e) 
No organization or group can receive more than two fireworks permits. One permit may be issued to two or more qualifying applicants as a joint venture.
(f) 
A maximum of twenty-three fireworks permits may be issued during any one calendar year. If the number of applications exceeds the number of permits to be issued, the permittees during the preceding celebration, who did not violate any requirement of this chapter during that celebration, have first priority for the available permits, provided each permittee represents the same participating organization which operated under the permit during the preceding celebration. The remaining permits will be issued by means of a lottery held by the administrator.
(g) 
For good cause shown, the city manager, or designee, may seek city council approval to make an additional two fireworks permits available for applicants. The city council may, but is not required to, authorize the city manager by minute order to make such fireworks permits available in accordance with this chapter.
(h) 
The administrator cannot issue any permit for a proposed stand unless it is separated from any previously authorized stand by a distance of at least five hundred feet or by a public street.
(i) 
If two or more proprietors have the same property owner's permission to use the property, preference is given to the organization that has used the property two of the last three years. If none of the organizations has used the property two of the last three years, preference will be granted by a lottery supervised by the administrator.
(j) 
If two or more proprietors apply for permits on property within five hundred feet of each other and not separated by a public street, preference will given to the proprietor that was in the area two of the last three years. If none of the proprietors were in the area two of the last three years, preference will granted by a lottery supervised by the administrator.
(k) 
No permit can be issued unless the proprietor represents to the administrator that all aspects of the sale of fireworks, including the application for all necessary permits, will be conducted by a member of the applicant organization. All initial permits and application fees must be paid by the proprietor. Such fees cannot be paid by any other affiliated organization, including a seller, distributor or vendor of fireworks. Applicant cannot hire or use independent contractors or other persons, who are not members of the organization, in connection with any aspect of the firework sales. Only members of the applicant organization can staff the fireworks stand, except that wives, husbands, parents and children, who are eighteen years of age or older, of members may also staff such stand, subject to the provisions of this subsection. All members of the proprietor must have valid identification, which verifies that such person is a valid member of the organization, on their person or inside the fireworks stand during the time that they are working in that stand, or be able to show through organizational membership records available in the stand that they are valid members of that organization. Any person working in such stand, who is not a member of the organization, must be pre-identified as a family member of a valid member of the organization and must submit a proof of identification to the licensing office of the city. If two or more organizations apply for and receive a joint permit, the fireworks stand must be staffed by a pro rata share of members or authorized family members from each organization based on the number of members in the respective organizations. If the organization violates any of the provisions of this subsection, the administrator may revoke such permit or may refuse to renew such permit in subsequent years.
(l) 
The permit must specify and the applicant must agree that all advertising used in connection therewith is subject to the control and regulation of the city manager, or designee. It is unlawful for any proprietor to solicit customers or pass out literature in front of another proprietor's stand. Advertising literature can only be used in front or be dispensed from the stand of the proprietor offering the advertising material. This is not intended to prohibit newspaper advertising.
(m) 
Any firework permit issued by the administrator may contain any reasonable conditions and restrictions. This includes, without limitation, the requirement that fireworks vendors must provide public safety notices to patrons, such as specific notices of warning regarding the fines imposed by this code.
(n) 
The use of sound amplification equipment is prohibited.
(o) 
No application will be approved until the applicant has submitted proof of a lease or other written authorization from the owner or person in lawful possession of the entire lot or parcel upon which the fireworks stand is to be located. Such lease or written authorization must certify that the lot is owned in fee by the lessor. The lessor may enter upon and evict the lessee upon notice from the city that the lessee is in violation of any requirement of this chapter, that the city may enter upon any part of the premises for purposes of enforcing any requirement of this chapter and that no go-betweens or middle-men exist between such lessor and lessee.
(Ord. 2088 § 1, 2012)
All temporary stands for fireworks sales must be located, maintained and operated subject to the following provisions:
(a) 
Any person operating any such stand must abide by and comply with all matters set forth in the application for permit to operate the same and all conditions and restrictions imposed by the administrator in granting the permit.
(b) 
Before the erection of any such stand, the permittee must post a security deposit with the city in an amount determined by resolution that is forfeited to the city should the permittee fail to remove the stand equipment and all rubbish from the premises upon which the stand is located to the satisfaction of the administrator before midnight of July 7th of the year in which such permit is granted. If the stand, equipment and rubbish are satisfactory removed, and the permittee complied with all other requirements of this chapter, the two hundred dollars security deposit will be returned to the permittee. Request for refund of deposit must be made in writing by the permittee. Refunds will only be processed to organizations that have submitted their financial statement to the city by the due date of August 31st of the same year as the fireworks sales for the Fourth of July celebration.
(c) 
Before the erection of any such stand, the permittee must procure public liability and property damage insurance covering its operation in and about the stand and premises in a minimum amount as established by resolution and must file a certificate of such insurance with the license officer.
(d) 
No stand can be erected within one hundred feet of any operating gasoline service station or garage unless separated by a public street or within twenty-five feet of any other building.
(e) 
Each permitted premises or stand must maintain two fire extinguishers of at least two and one-half gallons pressurized water capacity in good order and condition and of a type approved by the administrator. "No smoking" signs must be prominently displayed on the premises.
(f) 
It is unlawful for any person to light or cause or permit to be lighted any tobacco products, firecracker, fireworks or other combustible article within any such stand or within twenty-five feet thereof.
(g) 
Any electrical installation must be made by a state-licensed electrical contractor or by an authorized representative of the proprietor in accordance with the city's electrical code, and a city electrical permit must be applied for the Fourth of July celebration on or before June 15th immediately preceding the operation of the stand. No fee is required for permits required by this section.
(h) 
Storage of "safe and sane" fireworks for the purpose of setting up sales booths is permitted beginning at twelve noon on June 27th of each calendar year.
(i) 
The city has the right to inspect the books and records of an applicant or permittee to determine whether it has complied with this chapter.
(j) 
Each stand must post a sign (approved by the fire chief) that reminds customers to properly dispose of their fireworks after they have been used.
(Ord. 2088 § 1, 2012)
(a) 
Storage of "safe and sane" fireworks by consumers is permitted within the city during the period beginning at noon on the 28th day of June and ending by ten p.m. on the 4th of July of each calendar year.
(b) 
Discharge of "safe and sane" fireworks by consumers is permitted in the city during the period beginning at ten a.m. on July 4th and ending at ten p.m. on July 4th of each calendar year. Discharge of fireworks before or after this period is prohibited.
(Ord. 2088 § 1, 2012)
In accordance with state law, it is unlawful for any person to do any of the following:
(a) 
Ignite, explode, project, or otherwise fire or make use of any unlawful fireworks;
(b) 
Ignite, explode, project, or otherwise fire or make use of any "safe and sane" fireworks within ten feet of any residence, dwelling, or other structure. It is also unlawful for any person to ignite, explode, project, or otherwise fire or make use of any "safe and sane" fireworks anywhere outside a residential zone, in any public park or in any public area, unless permitted in accordance with Health and Safety Code Sections 12640 through 12650;
(c) 
Possess, store, or to permit the storage of any unlawful fireworks;
(d) 
It is unlawful for any property owner residing in the city, or a tenant resident in the city, to knowingly permit another individual to violate this section.
(Ord. 2088 § 1, 2012)
Each permit issued by this chapter must be prominently displayed in a publicly visible location at the permittee's location.
(Ord. 2088 § 1, 2012)
Unless suspended or revoked, permits issued pursuant to this chapter are valid from twelve p.m. of June 28th through nine p.m. on July 4th, inclusive, each year. Firework sales are prohibited at all other times.
(Ord. 2088 § 1, 2012)
A permit issued pursuant to this chapter is nontransferable. Any change in business name or location requires a new permit issued in accordance with this chapter.
(Ord. 2088 § 1, 2012)
(a) 
In addition to the remedies set forth in this chapter, violations of a permittee's permit may be enforced as follows:
(1) 
Prosecution as infractions or misdemeanors at the city attorney's discretion;
(2) 
Abated as public nuisances;
(3) 
Enjoined as unfair business practices that are presumed to nominally damage each and every resident of the community in which the permittee operates.
(b) 
The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies.
(Ord. 2088 § 1, 2012)
In addition to any other general functions, powers, and duties given to the city attorney by this code or California law, the city attorney is authorized to:
(a) 
Prosecute on behalf of the people all criminal and civil cases for violations of this chapter including, without limitation, administrative or judicial nuisance abatement and suits for injunctive relief;
(b) 
Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the city under this chapter.
(Ord. 2088 § 1, 2012)
In addition to any other penalty authorized by law, the administrator may suspend or revoke a permittees permit for the following reasons:
(a) 
Upon learning or discovering facts that require permit denial under this chapter that were not previously disclosed or reasonably discoverable; or
(b) 
If the permittee violates the permittee permit conditions.
(Ord. 2088 § 1, 2012)
Should a permittee's permit be revoked, the proprietor is presumptively disqualified to apply for a new permit in accordance with this chapter. This presumption may be overcome upon a showing of good cause as to why a permit should be issued following a revocation. Any such showing must be made to the administrator's satisfaction or, if the administrator denies a permit, to the city manager as prescribed by this chapter.
(Ord. 2088 § 1, 2012)
An applicant is entitled to appeal the administrator's decisions to the city manager provided:
(a) 
A request for review must be commenced within ten days from the date on which written notice of the administrator's decision is served on the applicant/permittee. If request is untimely, the city manager may, nevertheless, extend the time for commencing such review for good cause shown.
(b) 
A request for appeal must be on a form provided by the administrator and contain the following information:
(1) 
The name, address and telephone number of the person making the request;
(2) 
A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued;
(3) 
A brief description of all grounds for making the request; and
(4) 
Such other information as may be required by the administrator.
(c) 
Upon receiving an appeal, the city manager will review the request and, within ten days of receiving the appeal, provide the appellant with a written notification that:
(1) 
The administrator's decision is affirmed;
(2) 
The administrator's decision is modified;
(3) 
The administrator's decision is reversed and a permit is issued.
(d) 
The city manager may, but is not required to, conduct a hearing at a time, place, and manner determined in the city manager's sole discretion. Should a hearing occur, the city manager may issue a decision orally at the conclusion of the hearing, but also notify the applicant and the administrator in writing of the city manager's decision.
(e) 
The city manager's decision is a final determination. There is no right of city council appeal.
(Ord. 2088 § 1, 2012)
Any notification of action, whether oral or written, must describe with particularity the facts and the reasons for the decision.
(Ord. 2088 § 1, 2012)
(a) 
An applicant/permittee may appeal the city manager's decision by filing an appeal with the Superior Court pursuant to Government Code Section 53069.4, or any successor statute, within twenty days from service of the city manager's decision.
(b) 
Should a permittee file a timely appeal with the Superior Court, any requirement to pay a fine is suspended and the payment of the fine, if any, will be in accordance with the Superior Court decision.
(Ord. 2088 § 1, 2012)