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HomeMy Public PortalAbout04) 7C Fireworks Stands with Attachments labeled COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: April 21, 2020 TO: The Honorable City Council FROM: Bryan Cook, City Manager Via: Scott Reimers, Interim Community Development Director By: Sandra Scott, Planning Secretary SUBJECT: APPROVAL OF PERMITS TO SELL FIREWORKS FOR THE 2020 SEASON RECOMMENDATION: The City Council is requested to approve nine applications for fireworks permits for the 2020 season. BACKGROUND: 1. On March 27, 1961, the City Council adopted Ordinance 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 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 31, 2020, staff had received nine permit applications from organizations that met the permit requirements. ANALYSIS: For the 2020 fireworks season, staff received nine applications. 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 veteran, patriotic, welfare, civic betterment or charita ble purposes. The code also regulates permit application procedures, qualifications of permittees, and the operation of stands. City Council April 21, 2020 Page 2 of 3 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. 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 Softball Association 10144 Bogue St. SGV Family Dentist Parking Lot 6503 Rosemead Blvd. Temple City Grad Nite 9501 Lemon Ave. Auto Zone Parking Lot 6328 Rosemead Blvd. Temple City High School Band 9501 Lemon Ave. Las Tunas Dr. and Oak 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 City 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) 2019-20 City Budget. CITY STRATEGIC GOALS: Approval of permits to sell fireworks for the 2020 season will further the City’s Strategic Goal of Economic Development. ATTACHMENTS: A. Ordinance No. 61-37 B. Ordinance No. 11-943 1 ORDINANCE NO. 61 -37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE 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 ORDAIN 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: 3110. Notwithstanding the provisions of sections 12.01 to 12.06 ofthe Fire Prevention Code, being Ordinance No. 2947 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 California, may be sold and discharged within the City of Temple City during the period beginning at 12 :00 o'clock noon on the 30th day of June and ending at 12:00 noon on the 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 discharged within 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 Marshal. 3112. No person shall sell fireworks within the City without first having applied for and received a permit therefor in compliance with the terms of this ordinance. 3113. Upon receipt of written application for a permit pursuant to` his ordinance, the City Manager shall make an in- vestigation and submit 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 of 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 City 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 such subsection. 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- 1- 89 ATTACHMENT A poses. Each such organization must have its principal and perma- nent meeting place in the City of Temple 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 continuously preceding the filing of the application for the permit and must have a bona fide membership of at least twenty (20) members. 3115. 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) Shall set forth the proposed location of any and all fireworks stands applied for, and the length thereof. d) 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. e) 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 on or before the first day of June of each calendar year. 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 applicant. 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. 3117. The following regulations shall be complied with in the opera ion 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. 2- 90 c) No person shall be paid consideration for selling or otherwise participating in the sale of fireworks at such stand. d) Each person, group or organization shall be limited to one permit per year and each :permit shall be limited to one stand. 3118. All retail sales of 'safe and sane' fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby pro- hibited. Such temporary stands shall be subject to the follow- ing provisions. a) Fireworks stands need not comply with the provisions 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 City of Temple City. b) If, in the judgment of the Fire Department or the building inspector 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 immediately closed. c) No person shall be allowed in the interior of the stands except those directly employed in the sale of fireworks. d) There shall be at least one supervisor, twenty -one 21) years of age or older, on duty at all times. No person under eighteen (18) years of age shall be allowed inside the booth at any time. e) No fireworks shall remain unattended at any time regardless of whether the fireworks stand is open for business or not. f) No stand shall be placed closer than twenty (20) feet to any other building. g) 'NO SMOKING" signs shall be prominently displayed both inside and outside the stand. No smoking shall be permitted within the stand, or within five (5) feet of the stand. h) All weeks and combustible material shall be cleared from the location of the stand. No rubbish shall be allowed to accumulate in or around any fire- works stand, nor shall a fire nuisance be permitted to exist. i) No stand shall be erected before June 15th of any year. The premises on which the stand is erected shall be cleared of all structures and debris not later than noon of the 12th of July following. j) All stands must be equipped with at least one fire extinguisher for each exit in the stand, which fire 3- 91 1 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. 3119. Section 3100 of the Temple City Municipal Code and sections 12.01 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. 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 or 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: AYES: Councilmen- Buchan, Dickason, Merritt, & Fitzjohn NOES: Councilmen- Tyrell ABSENT: Councilmen- None ATTEST: 0 empp it Y, Cal i for, la. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF TEMPLE CITY ) ayor p ity, California I, Marjorie A. Woodruff, do hereby certify that I have been duly appointed Deputy City Clerk of the City of Temple City, California, and that the foregoing Ordinance No. 61 -37 was introduced at a regular meeting of the City Council held on February 27, 1961, and adopted at a regular meeting of the City Council held on March 27, 1961, by the following roll call vote: AYES: Councilmen- Buchan, Dickason, Merritt, Fitzjohn NOES: Councilman- Tyrell ABSENT: Councilmen -None Dated: March 27, 1961 A Depui' City Clerk of / eC i ty of Temp e City, California 92 1 1 ORDINANCE NO. 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 permits; and, WHEREAS, organizations that have received an annual fireworks permit are entitled to obtain a fireworks permit for the subsequent year, provided that the organization meets all of the qualifications and requirements of Temple City Municipal Code Sections 3106 through 3118; and, WHEREAS, in the event that less than twelve previously permitted organizations seek an annual fireworks permit in any given year, the Code provides that applications from new organizations will be considered on a first 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 permits after those seeking a repeat permit have been considered, the remaining 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 legislation, 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 unconstitutional. SECTION 3: The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. RIV #4848 - 8543 -8984 v DRAFT 1- ATTACHMENT B PASSED, APPROVED, AND ADOPTED this 15th day of March, 2011. ATTEST: iYI. Ate/ City Clerk MAYOR PRO TE APPROVED AS TO FORM: U City Attorney I, Mary Flandrick, City Clerk of the City of Temple City, hereby certify that the foregoing 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 regular meeting held on the 15th day of March 2011 by the following vote: AYES: Councilmember -Blum, Sternquist, Yu, Chavez NOES: Councilmember -None ABSENT: Councilmember - Vizcarra ABSTAIN: Councilmember -None City Clerk RIV #4848 - 8543 -8984 vl DRAFT 1 1 1