A.
The city council is authorized to establish, by resolution or ordinance,
the process by which the city will issue permits and the condition
that permit applicants and permittees must satisfy in order to receive
the permits.
B.
It is unlawful for any person to engage in the sale or distribution
of fireworks within the city without first having secured a permit
to do so from the fire department.
C.
It is unlawful to store fireworks within the city without first having
secured a permit to do so from the fire department.
D.
The annual permit fee for the sale of fireworks and/or the public
display of fireworks as may be authorized under this chapter shall
be three hundred fifty dollars per year, per fireworks stand or public
display, payable in advance.
E.
Organizations selected for permits shall produce and distribute to
each customer, at their cost, fireworks rules and regulations and
informational flyers, as directed by the fire chief or designee.
(Ord. O2024-08, 5/21/2024)
Subject to the provisions of the State Fireworks Law, Sections
12500 through 12726 of the State Health and Safety Code, and any regulations
promulgated thereunder, safe and sane fireworks, as defined in Sections
12529 and 12562 of the Health and Safety Code of the state of California,
may be sold and discharged within the city limits of the city of Manteca
during the period beginning at noon on the 28th day of June and ending
at midnight on the 4th of July, each year.
(Ord. O2024-08, 5/21/2024)
A.
The maximum number of permits which the city may issue during any
one calendar year shall not exceed one sales permit for each five
thousand population or portion thereof, in addition to one permit
for the city, based on the fire chief's approval.
B.
The city council is hereby authorized to establish, by resolution,
a lottery process for which the permits will be issued. The permit
will be effective for the year in which it is issued.
(Ord. O2024-08, 5/21/2024)
Applications to store or sell safe and sane registered fireworks
may only be filed during normal business hours from November 1st of
each year up to and including first Friday of December of the same
year, at which time the filing period for that year will close. All
applications shall be submitted in writing to the fire chief, or designees,
on forms provided by the city and meet the following conditions:
A.
The applicant is a local nonprofit organization which shall mean
any nonprofit association, club, or corporation organized for veteran,
patriotic, welfare, religious, civic betterment, youth or charitable
purposes as defined by Section 501(c) of the Internal Revenue Code
of the United States, or affiliated with a public school located within
the city limits of Manteca. Each organization shall provide the city
with a copy of their "Letters of Incorporation" as proof of their
nonprofit status and establish status as a 501(c)(3) tax-exempt organization
as recognized by the Internal Revenue Service, or equivalent documentation
from the Secretary of State. Equivalent documentation shall be determined
by the city attorney.
B.
The organization must possess a nonprofit identification number;
however, a given identification number may not be used by more than
one organization. Should the city determine that more than one organization
has submitted the same nonprofit identification number; the fire chief's
office shall notify the organizations in writing and give each of
them the opportunity to correct the situation to ensure compliance
with this section. If such compliance is not achieved, none of the
affected nonprofits organizations shall be eligible to receive a permit.
C.
A local nonprofit organization must have its principal and permanent
meeting place in the city. The organization must have obtained nonprofit
status and have been organized and established in the city for a minimum
of one continuous year preceding the filing of the application for
permit. The organization must also have a bona fide membership of
at least twenty members who reside in the city, which will be verified
each year. Applications shall be signed by two bona fide officers
of the eligible organization, wherein the officer, on behalf of the
organization and its agents, agrees to abide by state laws, administrative
regulations, and all stipulations of this code and the permit if permission
to operate a fireworks stand is granted to the organization.
D.
Should the city determine that an organization selected for permit
issuance does not satisfy these requirements or otherwise comply with
the intent of the requirements of this chapter; the organization's
application shall be denied.
(Ord. O2024-08, 5/21/2024)
A.
In addition to all other requirements contained in this chapter,
each permittee shall comply with each of the following requirements:
1.
Apply for a permit to store or sell fireworks on a form approved
by the fire department with the required permit fee as established
by city council resolution before five p.m. on May 1st of each year.
2.
State Fire Marshal's firework retail license.
3.
Provide proof of a temporary sellers permit to the State Board of
Equalization.
4.
Sign a form provided by the city whereby the permittee agrees to
indemnify and hold harmless the city, its officers, employees, and
agents from any and all claims, damages, demands, liability, costs,
losses, and expenses, including, without limitation, court costs and
reasonable attorneys' fees, arising out of or in connection with
the permittee's sale of fireworks pursuant to a city-issued permit,
except such loss or damage which was caused by the active negligence,
sole negligence, or willful misconduct of the city, its officers,
employees, or agents.
5.
Furnish to the city proof of coverage by a policy of public liability
and property damage insurance. The policy shall provide limits of
bodily injury and property damage liability of not less than five
million dollars combined single limit for each occurrence annually
as payment for damages to persons or property which may result from
or be caused by the public sale or display of fireworks, or any negligence
on the part of the permittee or his or her agents, servants, employees
or subcontractors relating thereto.
6.
Identification of the proposed location of the sale booth, and storage
of same, including the seven digit parcel number (APN) of the San
Joaquin County assessor and other information as may be required by
the fire chief.
7.
Property owner's, or designee's, written permission to
sell fireworks at the location shall accompany the permit application.
8.
Booth location with the exact placement of fireworks.
9.
Plot plan of storage.
B.
Permits for retail sales of safe and sane fireworks issued pursuant
to the provisions of this section is not transferable to any other
person or organization and is issued for the purpose of operating
a single fireworks sales booth at the approved location. The permit
may be used only by the organization to which it is issued.
(Ord. O2024-08, 5/21/2024)
A.
It is unlawful for the permittee organization to allow any person
or entity other than the permittee organization to operate the fireworks
stand for which the permit is issued, whether by agreement, assignment
or otherwise, or to otherwise participate in the profits of the operations
of such fireworks stand. Violations will result in the immediate loss
of the organization's permit.
B.
It is unlawful for a nonprofit organization to allow any person other
than the individuals who are members of the permittee organization,
their spouses or adult children, to sell or otherwise participate
in the sale of fireworks at such fireworks stand. Individuals under
the age of eighteen are not allowed in the fireworks stand.
C.
It is unlawful for any nonprofit organization to pay any consideration
to any person for selling or otherwise participating in the sale of
fireworks at such fireworks stand, except the hiring of a night watchman
or security officer.
D.
A minimum of one hundred feet shall be maintained from any building
used as a school, day care, hospitals, place of detention, public
garage or place of assembly that can accommodate three hundred or
more occupants and the fireworks booth.
E.
A minimum of twenty feet of separation shall be provided between
the fireworks booths and the parked vehicles of the public.
(Ord. O2024-08, 5/21/2024)
A.
The fire chief, or designee, may revoke, immediately and without
notice or hearing, the safe and sane fireworks permit of any location
or organization when any of the provisions of this code, Health and
Safety Code, International Fire Code or the California Code of Regulations
are violated. The fire chief shall inform the permittee that permittee
may seek review of the fire chief's decision, by the city manager,
on the next business day. At the earliest opportunity on the next
business day after revocation, the fire chief shall provide the city
manager with written notice that a fireworks permit has been revoked,
including the name of the permittee and a brief statement of the grounds
for revocation. If requested by the permittee, the city manager, or
designee, shall meet with the permittee and the fire chief, or designee,
that day to review the fire chief's decision. The decision of
the city manager shall be final.
B.
Revocation of any permit will be effective for that calendar year.
(Ord. O2024-08, 5/21/2024)
