HomeMy Public PortalAbout08) 7E Approval of Permits to sell Fireworks for the 2019 SeasonAGENDA
ITEM 7.E.
DATE:
TO:
FROM:
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
April16, 2019
The Honorable City Council
Bryan Cook , City Manager
Via: Michael D . Forbes, Community Development Director
By: Sandra Scott, Planning Secretary
SUBJECT: APPROVAL OF PERMITS TO SELL FIREWORKS FOR THE 2019
SEASON
RECOMMENDATION:
The City Council is requested to approve ten applications for fireworks permits for the
2019 season.
BACKGROUND:
1. On March 27, 1961, the City Council adopted Ordinance No. 61-37 amending the
Temple City Municipal Code to allow the sales and use of safe and sane fireworks
within the City of Temple City and to require a permit to sell fireworks , subject to
approval by the City Council (Attachment "A ").
2. On March 15 , 2011, the City Council adopted Ordinance No . 11-943 amending the
fireworks permit procedure to address the order in which fireworks permits are
issued and giving priority to organizations seeking a repeat permit (Attachment
"B").
3. By the submittal deadline of March 29, 2019, staff had received ten permit
applications from organizations that met the permit requirements .
ANALYSIS:
For the 2019 fireworks season , staff received ten applications , including nine
applications from organizations that were approved during the 2018 season, and one
application from a new organization (First United Methodist Church). As set forth in
Temple City Municipal Code Section 3-1-13 up to 12 fireworks stand permits may be
issued per season to non-profit associations or corporations organized primarily for
City Council
April 16, 2019
Page 2 of 3
veteran, patriotic, welfare, c1v1c betterment or charitable purposes. The code also
regulates permit application procedures, qualifications of permittees , and operation of
stands.
Listed below are the organizations that have submitted applications and the location of
each organization's proposed stand:
Organization Organization Address Stand Location Stand Address
Faith UMC of the SGV 5957 Golden West Ralph 's Parking Lot 9470 Las Tunas Dr.
First United Methodist
Church 5957 Golden West Vacant Parcel of Land 5945 Temple C ity Blvd
Temple City Aquatics
Foundation 9501 Lemon Ave. Super A Parking Lot 5585 Rosemead Blvd .
Knights Of Columbus 5605 Cloverly Ave . K-Mart Parking Lot 5665 Rosemead Blvd
Temple City Amateur SGV Family Dentist 6503 Rosemead Blvd .
Softball Association 10144 Bogue St. Parking Lot
Temple City Grad Nite 9501 Lemon Ave. Auto Zone Parki ng Lot 6328 Ro semead Bl vd .
Temple City High Las Tunas Dr. and Oak
School Band 9501 Lemon Ave. Ave . Parking Lot 9441 Las Tunas Dr.
Temple City Immanuel
Church 9953 Las Tunas Dr. Church Parking Lot 9945 Las Tunas Dr.
Temple City
Ramrodders 9501 Lemon Ave. Student Parking Lot 9501 Lemon Ave .
Temple City American
Little League 10144 Bogue St. 7 -Eleven Parking Lot 4800 Temple C ity Blvd .
City Council approval of this request will allow the non-profit organizations and groups
to raise funds to support their respective activities.
FISCAL IMPACT:
This item will not have an impact on the Fiscal Year (FY) 2018-19 City Budget.
CITY STRATEGIC GOALS:
Approval of permits to sell fireworks for the 2019 season will further the City's Strategic
Goal of Economic Development.
City Council
April16, 2019
Page 3 of 3
ATTACHMENTS:
A. Ordinance No. 61-37
B. Ordinance No. 11-943
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ATTACHMENT A
ORDINANCE NO. 61-37
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMP~E CITY AMENDING THE TEMPLE CITY MUNI-
CIPAL CODE RELATIVE TO THE SALE AND USE OF
FIREWORKS WITHIN THE CITY OF TEMPLE CITY, AND
REPEALING ALL ·OTHER ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH
THE CITY COUNCIL OF THE .CITY OF TEMPLE CITY DOES O~DAIN
AS FOLLOWS:
SECTION 1. The Municipal Code of the City of Temple
City Is hereby amended by adding Section 3110 through and Includ-
Ing Section 3120, said sections to read as follows:
11 3ll0. Notwithstanding the provisions of sections 12.01
to 12.06 oftne Fire Prevention Code , being Ordinance ·No •. 29'+7 of
the County of Los Angeles, adopted by reference as the Temple
City Fire Prevention Code by Section 3100 of the Temple City Mun-
Icipal Code, safe and sane fireworks as defined by Section 12504
of the Health and Safety Code of the State of Cal tfornla, may be
sold and discharged within the City of Temple City during the
period beginning at 12:00 o 1 clock noon on the 30th day of June
and ending at 12,00 noon on th~ 5th of July of each year
pursuant to the provisions of this ordinance and not otherwise.
"3111. No · fireworks shall be sold or offered for sale
or dischargearwithin the City which are classified as dangerous
fireworks, as that term Is defined by the Health and Safety Code
of the State of California, Safe and sane fireworks shall In-
clude only those fireworks that have been classified and regis-
tered as safe and sane' by the State Fire MarGhal.
11 3112. No person shall sell fireworks within the City
without flr~avlng applied for and received a permit therefor
In compliance wfth 'the terms of this ordinance,
"3113. Upon receipt of written application for a permit
pursuant to~s ordinance, the City Manager shall make an in-
vestigation and ·submlt to the City Council a report of his find-
Ings and his recommendations for or against the Issuance of a
permit, together with his reasons therefor. After receipt o f
such recommendations and report, the City Council shall have the
power, In its discretion, to grant or deny the application, Any
permit granted by the City Council may be subject to such reason-
able conditions and restrictions as may be Imposed by the Cltv
Council and such conditions and restrictions shall be complied
with by the permittee. The Council shall require a cash deposit
with the City Clerk In the sum of $100.00 for· each 24 feet In
length or portion thereof, of the fireworks stand to be used by
the applicant, as a condition of granting a permit. Such deposit
shall be refunded to the permittee upon compliance with Sub-
Section 3118 (1) hereof, but such deposit shall be forfeited and
retained by the City In the event of non-compliance with s.uch
subsection.
11 3114. No permit shall be Issued to any person except
non-profit associations or corporations organized primarily for
veteran, patriotic, welfare, civic betterment or charitable pur-
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poses. Each such organization must have Its principal and perma-
nent meeting pl~ce In the City of Tempte City and must have been
organized and established In the area that Is within the City of
Temple City for a minimum of two years contlnuously preceding
the filing of the application for the permit and must have a
bona fide membership of at least twenty (20) members.
111.!J.2.. Applications for such a permit:
(a} Shall be made In writing.
(b) Shall be filed with the City Manager on or prior
to May 1 of each year.
(c)
(d)
(e)
Shall set forth the proposed location of any and
all fireworks stands applied for, and the length
thereof.
Shall be accomplished by an assurance that If the
permit Is Issued to applicant, applicant shall, at
the time of receipt of such permit, deliver to the
City a $25/$50,000 public liability and a $5,000 ,00
property damage Insurance policy, with a rider at-
tached to the policy, designating the City as an
additional assured thereunder,
Shall be accompanied by a fee of Twenty-Five Dollars.
($25,00}
Applicants for any such permits shall be notified by the
City Manager of the granting or rejection of their application
for permit o~ or before the first day of June of each calendar
year,
11 3116. Each such application shall show the following:
(a) Name and address of applicant.
(b) The applicant's status as a non-profit organization.
(c) The name and addresses of the officers, If any, of
the app 1 I cant,
(d) The location where the applicant will sell fireworks.
(e) When the applicant was organized and established .
(f) The location of the applicant's principal and
permanent meeting place.
(g) The applicant's State Board of Equalization Sales
Tax Permit Number.
11 3117. The fo11owlng regulations shall be complied with
.(1,1) the operation of fireworks stands.
(a} No person other than the licensee organization shall
operate the stand for which the license is Issued,
or share or otherwise participate In the profits of
such stand.
(b) No person other than the individuals who are members
of the licensee organization, or the spouses or
adult children of such members, shall sell or other-
wise participate In the sale of fireworks at such
stand.
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(c) No person shall be ~aid consideration for sell i ng
or otherwise partici~ating in the sale of fireworks
at such stand.
(d) Each person, group or organization shall be lim ited
to one permit per year and each :oerm i t shall be
limited to one stand .
"~. All retail sa les of 'safe and sane' fireworks
sha ll be permitted only from within a temporary fireworks stand,
and the sale from any other building .or structure is hereby prow
hibited. Such temporary stands shall be subject to the follow-
ing provisions.
(a) Fireworks stands ·need not comply with the prov i sions
of the Building Code of the City ·provided, however,
that all stands shall be erected under the super-
vision of the Inspector who shall require that
stands be constructed in a manner which will
reasonably Insure the safety of attendants and
patrons, and any stands constructed shall obtain
an electrical permit from the c·ity ·of Temple City.
(b) if, in the judgment .of the Fire Department or the
building in spector of the City of Temple City,
the construction of the stands or the conduct of
the .operators therein do not conform to the
provisions of this ordinance, such .officers, or
either of them, may order the stands immed i ately
closed.
(c) No person shall be allowed in the interior of the
stands e~cept those directly employed in the sale
of fireworks.
(d) There shall be at least one supervisor, twenty-one
(21) years of age or o lder, on duty at al l times.
No person under eighteen (18) years of age shall
be allowed Inside the booth at any time.
(e)
(f)
{g)
(h)
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No fireworks shal l remain unattended at any time
regardless of whether the fireworks stand is open
for business or not. ·
No s tand shall be placed closer than twenty (20)
feet to any other building.
·~NO SMOKING" signs sha l ·l be prominently displayed
both inside and outside the stand . No smoking
sha ll be permitted within the stand, or within
five {5) feet of the stand.
.A ll weeks a.nd combustib le material sha ll be c l eared
from the location of the stand. No rubbish sha ll
be allowed to acc umul ate in or around any fi r e-
works stand, nor sha ll a fire nuisance be perm i tted
to ex I st .
No stand shall be erected before June 15th .of any
year . The premJses on which the stand is erected
sha ll be c leared of all structures and debris not
later than noon of the 12th of July following.
All stands must be equlpped .with at least one fire
exti ngui she r for each exit in the stand, which rire
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extinguishers must be approved as to efficiency
and safety by the Fire Department.
(k) Each stand in excess of twenty•four feet In length
must have at least two exits, and each stand in ex-
cess of forty feet in length must have at least three
exits spaced approximately equidistant apart, pro-
vided, however, that In no case shall the distance
between exits exceed twenty feet.
(1) No stand shall be constructed with a depth of more
than twelve (12) feet.
1131]~. Section 3100 of the Temple City Municipal Code
and se~tions-1!.01 and 12.06, Inclusive, of the Temple City Fire
Prevention Code are hereby amended insofar. as the same are Incon-
sistent with Sections 3110 and 3120 hereof, ·
11 3120, Any person violating any of the provisions of
this ordinance-shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punishable by a fine of not more than
five hundred dollars ($500.00) or by imprisonment In the City .
Jail cr County Jail of Los Angeles County for a period of not
m re than six (6) months or by both such fine and Imprisonment."
PASSED AND ADOPTED by the City Council of the City of
Temple City at a regular meeting thereof held this 27thday of
March 1961, by the following called vote:
ATTEST:
AYES:
NOES:
Councilmen• Buchan, Dickason, Merritt, &
F I tzj ohn
Councilmen• Tyrell
ABSENT: Councilmen·
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF TEMPLE CITY
1, Marjorie A, Woodruff, do hereby certify that I have been duly
appointed Deputy City Clerk of the City of Temp le City, Cal lfornla,
and that the foregoing Ordinance No . 61-37 was Introduced at a
r egu lar meeting of the City Council held on February 27, 19 6 1, and
adopted at a r eg ular meeting of the City Council held on March 27,
1961, by the fo llowing roll call voter
AYES:· Councilmen-Buchan, Dickason, Merritt, Fltzjohn
NOES: Councllman-Tyrell
ABSENT: Councilme n-N one
Dat ed: March 27, 1961
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ATTACHMENT B
ORDINANCE N0.11-943
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, AMENDING SECTION 3114(C) OF THE TEMPLE
CITY MUNICIPAL CODE RELATING TO FIREWORKS PERMITS
WHEREAS, Section 3114(C) of the Temple City Municipal Code limits the number of fireworks
permits that may be granted annually to twelve perm its; and,
WHEREAS, organizations that have -received an annual fire wor ks permit are entitled to obtain a
fireworks permit for the subsequent year, provided that the organization meets all of the qualifications and
req i,Jirements of Temple City Municipal Code Sections 3106 through 3118; and,
WHEREAS, in the event that less than twelve previo usly permi tted organizations seek an annual
fireworks permit in any g iven year,
the Code provides that applications from new organizations will be considered on a firs t come, first serve
basis; and,
WHEREAS , the City Council desires to change the process of granting a fireworks permit in the
event of a vacancy to a lottery system.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Section 3114(C) of the · Temple City Municipal Code is hereby amended to read in its
entirety as follows :
"C. No more· than twelve ( 12 ) fireworks permits shall be issued in any year. Fireworks
permits shall be issued first to those qualified persons who held a fireworks permit during
the previous year. If there are any remaining available fireworks perm its after those
seeking a repeat permit have been considered, the remain ing permits shall be distributed
by lottery."
SECTION 2: The City Council hereby declares that, should any provision, section, subsection,
paragraph , sentence, clause, phrase , or word of this Ordinance or any part thereof, be rendered or declared
invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any
preemptive legi slation , such decision or action shall not affect the validity of the remaining section or portions
of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted
the remaining provisions, sections , subsections, paragraphs , sentences, clauses, phrases, or words of this
Ordinance irrespective of the fact that any one or more provisions , sections, subsections, paragraphs,
sentences, clauses, phrases , or words may be declared invalid or unconstitu tional.
SECTION 3: The City Clerk shall certify to the passage and adoption of this Ord inance and to its
approval by the Mayor and shall cause the same to be published according to law.
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PASSED, APPROVED, AND ADOPTED this 15th day of March , 2011.
ATTEST: APPROVED AS TO FORM:
I, Mary Flandrick, City Clerk of the City of Temple City, hereby certify that the forego ing Ordinance No. 11-
943 was introduced at the regular meeting of the City Council of the City of Temple City held on the 1st day
March 2011, and was duly passed , approved and adopted by said Council at the regu lar meeting held on the
15th day of March 2011 by the following vote :
AYES:
NOES:
ABSE NT:
ABSTAIN :
Councilmember-Bium, Sternqu ist , Yu, Chavez
Councilmember-None
Councilmember-Vizcarra
Councilmember-None
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