HomeMy Public PortalAbout07) 7D - Fireworks Stand Permitting ProcessAGENDA
ITEM 7.D.
ADMINISTRATIVE SERVICES DEPARTMENT
MEMORANDUM
DATE: June 16, 2020
TO: The Honorable City Council
FROM: Gregory Murphy, City Attorney
SUBJECT: FIREWORKS STAND PERMITTING PROCESS
RECOMMENDATION:
It is recommended that the City Council:
1. Generally discuss, if desired, the current permitting process for temporary
fireworks stands in the City of Temple City and the proposed changes to the
process presented by City staff and the City Attorney; and
2. Receive and file this report.
BACKGROUND:
1. On March 4, 2020, the Health Officer of Los Angeles County declared a local health
emergency regarding Novel Coronavirus 2019 (COVID-19) and the Los Angeles
County Board of Supervisors concurrently proclaimed the existence of a local
emergency for the County of Los Angeles.
2. On March 4, 2020, Governor Newsom of the State of California declared a State of
Emergency in response to the COVID-19.
3. On March 13, 2020, the President of the United States declared a national state of
emergency regarding COVID-19. On this same day, the City Council adopted
Resolution No. 20-5457, declaring a local state of emergency which gave authority
to the City Manager in his role as Director of Emergency Services to implement
measures in line with state and county health officials’ recommendations to slow the
spread of COVID-19 while not impacting critical services.
4. On April 21, 2020 as part of the consent calendar at its regular meeting, the City
Council approved permits for nine (9) charitable organizations that wished to sell
City Council
June 16, 2020
Page 2
fireworks within the City on the condition the County Health order did not prohibit
such activity and retail operation.
5. On June 2, 2020 at the regular meeting of the City Council, City staff was asked by
the Mayor to bring back the matter of the fireworks sales permits due to concerns
about the demands on the City’s public safety forces (Sheriff’s office and County
Fire).
6. This report provides an update on the status of the fireworks sales permits and on
City staff’s proposed course of action for future permits.
ANALYSIS:
The sale and use of fireworks in Temple City is authorized pursuant to Chapter 3-1 of the
City’s Municipal Code. Only “safe and sane” fireworks are allowed to be sold or displayed
and discharged within the City except that the fire chief may allow “dangerous” fireworks
to be displayed by licensed pyrotechnic operators. As to the “safe and sane” fireworks,
they may be sold from July 1 through July 4 and may only be displayed and discharged
on July 4 between noon and 10:00 pm.
These “safe and sane” fireworks are generally sold at stands within the City (though some
other nearby jurisdictions also authorize sales). Section 3-1-7 of the Municipal Code
makes it illegal to sell fireworks within the City without a valid permit. Sections 3-1-13
through 3-1-16 govern the process for issuance of permits to sell fireworks and Sections
3-1-17 and 3-1-28 govern the sale of fireworks and the stands built for that purpose.
Specifically, section 3-1-17 requires the operators of a fireworks stand to be members of
the charitable organization and section 3-1-18 provides details for the construction and
operation of a stand.
Upon applying for and receiving a permit from the City, charitable organizations contract
with a professional fireworks company to supply the stand and inventory for them to sell.
In Temple City, TNT Fireworks generally serves as that supplier. TNT incurs costs for
inventory and supplies at the start of the process and recoups those costs from the
contracting organizations as fireworks are sold and the organizations remit payment on
their contract terms. The charitable organizations then keep the remainder of their
revenues to support their activities.
There is nothing in any section of Chapter 3-1 that authorizes the City to revoke fireworks
permits in the event of an emergency. W hile Section 3-1-13 states in part that “Any permit
granted by the city council may be subject to such reasonable conditions and restrictions
as may be imposed by the city council and such conditions and restrictions shall be
complied with by the permittee,” this provision has not been used at any time that City
staff can find to affirmatively impose conditions of approval on the permits such that they
might be revoked in an emergency. In fact, upon research staff found that the
longstanding practice is not to issue paper permits at all but to rely on sections 3-1-17
City Council
June 16, 2020
Page 3
and 3-1-18 as supplying the conditions for operations.
This absence of paper permits has not been an issue in the past, as the only issues with
the fireworks permits that have arisen from structural matters with the stands or personnel
matters with sales forces, and both of these are clearly covered by the Code provisions.
Nevertheless, City staff will recommend for Council’s consideration that next year’s
permits must be written documents that could have additional conditions attached to them
which will be approved by the City Council.
City staff conferred with the permittees and it appears that all but two of them have
committed to move forward with their fireworks sales this year. Further, TNT has advised
City staff that because they annually incur significant up-front costs in preparing for the
sale of fireworks under their name, the charitable organizations are contractually bound
to make certain payments if they decide not to move forward with the fireworks sales.
Without voluntary abandonment and without permit conditions that allow for revocation in
case of emergency, revocation by the City could be interpreted as giving rise to liability
on the part of the City for TNT’s costs incurred and their expected profit.
CONCLUSION
The City Council is asked to discuss generally, if desired, the permitting process for “safe
and sane” fireworks sales in the City, including procedural improvements that City staff is
planning for future years, and to receive and file this report.
CITY STRATEGIC GOALS:
Receiving and filing this report would align with the City’s strategic goal of good
governance.
FISCAL IMPACT :
There is no fiscal impact arising from this report.