The URL can be used to link to this page

Home My Public Portal About06) 7D Approval of Permits to Sell Fireworks for the 2014 SeasonAGENDA ITEM 7.0. COMMUNITY DEVELOPMENT DEPARTMENT DATE: TO: FROM: MEMORANDUM April15, 2014 The Honorable City Council Donald E. Penman, Interim City Manager~ Via: Geoffrey Starns, AICP, Planning Manager By: Jennifer Venters, Planning Secretary SUBJECT: APPROVAL OF PERMITS TO SELL FIREWORKS FOR THE 2014 SEASON RECOMMENDATION: The City Council is requested to approve 11 applications, as recommended for fireworks permits for the 2014 season. BACKGROUND: 1. On March 27, 1961, the City Council adopted Ordinance No. 61 -37 amending the Temple City Municipal Code adding Section 3110 to Section 3120 allowing the sales and use of safe and sane fireworks within the City of Temple City (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 the fireworks permit will be issued once those organizations seeking a repeat permit have been considered (Attachment "B"). 3. On March 14, 2014, staff received 11 permit applications by this season's deadline from organizations that met the permit requirements. Of the applications received, 10 permit applicants were approved the previous year, whereas one applicant was previously approved from the 2003 season. ANALYSIS: For the 2014 fireworks season, staff received a total of 11 applications, 10 permit applications from organizations that were approved during the 2013 season, and one application that was approved during the 2003 season (Temple City National Little City Council April15, 2014 Page 2 of 3 League). As set forth in Municipal Code Sections 3100-3118, no more than 12 fireworks stand permits are issued per season to non-profit associations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purpose. 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: 1. FIRST LUTHERAN CHURCH 5585 Rosemead Boulevard (Super A Parking Lot) 2. CHURCH OF NAZARENE, YOUTH DEPARTMENT 9953 Las Tunas Drive (Church Parking Lot) 3. KNIGHTS OF COLUMBUS 5665 N. Rosemead Boulevard (K-Mart Parking Lot) 4. TEMPLE CITY AMATEUR SOFTBALL ASSOCIATION 9470 Las Tunas Drive (Ralph's Parking Lot) 5. TEMPLE CITY HIGH SCHOOL BAND 9441 Las Tunas Drive (NEC Las Tunas & Oak) 6. TEMPLE CITY NATIONAL LITTLE LEAGUE 5913-5945 Temple City Boulevard (SWC ofTemple City/Woodruff) 7. TEMPLE CITY GRAD NITE 6328 Rosemead Boulevard (Auto Zone Parking Lot) 8. TEMPLE CITY RAMRODDERS 9501 E. Lemon Avenue (Student Parking Lot) 9. TEMPLE CITY YOUTH FOOTBALL LEAGUE 6246 Rosemead Boulevard (7-Eieven Parking Lot on Rosemead) 10. TEMPLE STATION SHERIFF EXPLORERS POST #250 4800 Temple City Boulevard (7-Eveven Parking Lot on Temple City) 11. TEMPLE CITY A YSO 6503 Rosemead Boulevard (SGV Family Dentist Parking Lot) City Council approval of this request will allow the non-profit organizations/groups to raise funds to support their respective activities. City Council April15, 2014 Page 3 of 3 CONCLUSION: The City Council is requested to consider the approval of one new organization along with the recommended 10 previously approved organizations, all of which qualify per the City's code requirements. FISCAL IMPACT: This item will not have an impact on the Fiscal Year (FY) 2013-14 City Budget. ATTACHMENT(S): A. Ordinance No. 61-37 B. Ordinance No. 11-943 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 FIRE~WRI<S WITHIN THE CITY OF TEMPLE CITY, ~.NO REPEALING ALL OTHER ORDINANCES DR PARTS OF ORO I NANCE S IN CONFLICT T1-!E~.EW I TH THE C I TV COUNCIL OF THE CITY OF TE~1PLE C I TV DOES ORDAIN AS FOLLOWS: SECTION 1, The Municipal Code of the City of Temple City is hereby amended by addlngSection 3110 through and includ· i·ng Section 3120, said seCtions to read a's follows: 11 3liO. Notwithstanding the orovisions o-f sections 12.01 to 12.06 ort11'e 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, sa'fe and sane fireworks as de·fined by Section l2SQL} of the Health and Safety Code of the State of Ca 11 forn i a, may be sold and discharged within the City of remple. Cit)' 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 o'f Juiy of each year pursuant to the provisions of this ordinance and not otherwise. "3111, No fireworks shall.be sold or offered for sale or discharg6aWithin the City which are classified as dangerou.s f i 1·eworks, as that term Is defined by the Hea 1 th and Safety Code of the State of Cal ifornla. · Safe and sane fl reworks shall In• elude only those fireworks that have been classified and regis- tered as 'safe and sane' by the State Fi.re Marshal. "311?.. No person shall 'sell fireworks within the City without fir'St"having applied for and received a permit therefor in comp l i a nee with 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 submit to the City Counci 1 a report of his find· i ngs and his recommendations for or against the issuance o·f a permit, together with his reasons therefor, After receipt of such recommendations and report, the City Council shall have the povter, in its discretion, to grant or deny the application. Any permit granted by the City Counci 1 may be subject to such reason- able.condltions 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 como! lance with Sub· Section 3118 (1) hereof, but such deposit shall be forfeited and retained by the City in the event of non ... Compl iance v.litll such sul;>section, "31111., No permit shall be Issued to any person except non-profit ~elations or corporations organized prlmari ly for veteran, patriotic, welfare, civic betterment or charitable pur~ -1- f.ttachment A poses. Each such organization must hove its principal and oerma .. nent meeting place in the City of Temple City and must have.' been organized and .estab 1 i shed in the area that is within the CIty o·f Temple City for a minimum of two years continum.1sly preceding the fi 1 in~J of the application for the oermit and must have a bona fide .. membership of at least twentY (20) mefnbers. "1.!.12· Applications for such a permit: (a) Shall be made in writing. (b) Shal I 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 applicant1 applicalit 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 1 with a rider at .. tached to the poliC)I, designating the City as an add1.tional assured thereunder. (e) Shall be accompanied by a fee of Twenty-Five Dollars. ($25.0()) 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 year4 "ll.l§.. Each such app 1 i cation sha 11 show the fo 11 owing: (a) Name and address of applicant. (b) The appl !cant's status as a "non-profit organization. (c) The name and addresses of the officers, if any J 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. "3117. The followino regulatiohs shall be complied with in the operat1on of firevJorks Stands. (a) (b) No person other than the 1 icensee organization shall operate the stand for which the 1 icense is issued 1 or share or othervdse participate in the proffts of such stand, 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- vllise participate in the sale of fireworks at such stand. -2- (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 b~ limited to one parmi t per year and each permIt shall be limited to one stand. 11 3118. All retain sales of 'safe and sane 1 fit~eworks shall be permitted only from within a temporary fireworks stand, and the sale from any other buildina or structure is hereby pro- hibited. Such temporary stands shall be subject to the follow- ing provisions. (a) (b) (c) (d) F 1 reworks stands need not camp 1 y with the prov' s 1 ons of· .the_ Building Code o·f the Ci.ty provided 1 however, that all stands shall be erected under the supeJ~vi 5 ... ion of the Inspector who shal-l require that stands be constructed in a manner which will reasonab 1 y insun~ the safety of attei"idants and patrons~ and any stands constructed shall obtain an electrlcal permit From the City of Temple City. If, 1 n the Judgment of t.he Fire Department or the building inspector of the Cfty of Temple Ctty 1 the constr~ctlon of the stands or the conduct of the operators theretn do not conform to the provisions of thfs ordinance, such offfcers, or either of them, may order the stands immediately closed. No person shall be allowed in the interior of the stands except those directly employed in the sale of ftreworks~ There sha 11 be at least one supervisor, e i ghteeo years of age or older, on duty at all times, l~o person under sixteen years of age shall be allo•Hed inside the booth at any time. (e) No fireworks shall remain unattended at any·time re- gard less of whether the fireworks stand is open fo1· business or not. (f) (g) (h) ( i ) (j) No staod shall be placed closer than tvlenty (20) feet to any other building. 'NO SMOKING' sigos shall be prominently displayed both los ide and outside the stand. No smoking shal i be permitted within the stand, or within five (5) feet of the stand. All weeds and combustible material shall be cleared from the locatioo of the stand. No rubbish shall be al'lo\11/ed to accumL1lata in or around any fireworks stend, nor shall a fire nuisance be permitted to exist. No stand shall be erected before June 15th of any year. The premises on which the stand Is erected shall be cleated of all structures and debris, not later than noon of the 12th of July following. A\1 stands muSt be equipped with at least one fire extinguisher for each exit in the standt 'Nh!ch fire ( k) ( 1 ) extinguishers must be approved as to efficienc.y and sai'ety by the Fire Department. 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 approximat·ely equidistant apart, pro- vided, however, that in no case shall the distance between exits exceed twenty feet: No stand shall be constructed with a depth of more than twelve (12) feet. "3119. Section 3100 of the Temple City Nunicipa1 Code and sectlonSIT.Ol and.1_2.06, inclusive~ of the Temple City Frre· Prevention Code are hereby Qmended insofar as tlie same are incon .. slstent with Sections 3110 and 3120 hereof, 11 3~20. Atiy person violating any of the provisions of this ordina"ii"Cesha11 be deemed cr•ui1ty of a misdemeanor, and upon conviction thereof shall be pun shable by a fine of not more than five hundred dollars ($500.00) or by i.mprisonment in the City Ja ll or Count )I Ja 11 of Los Angeles County for a period of not m re than six (6) months or by both such ·fine and imprisonment,11 Temple Mal'ch PASSED AND ~.DOPTED by the City Counc i I of City at a regular meeting thereof hBld this 1961, by the following called vote: the City of 2 7thday of AYES: Councilmen-Buchan, Dickason, Merritt, Fltzjohn NOES: Councllmen-Tyre11 ABSENT: Councilmen-None ATTEST: ,..J~ -· w~~~· cierortlle c 1 ty <7Temp1e JC• ty, Califor :ta. emp.e C1ty, California 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 Attachment B 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 Teceived an annual flreworks permit are entitled to obtain a fireworks permit for the subsequent year, provided that the organization meets all of the qualifications and requirements o!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 quamied 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 sha.ll 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 vi DRAFI' -1 - PASSED, APPROVED, AND ADOPTED this 15~ day of March, 2011, (. \ MAYORPROTE ATTEST: APPROVED AS TO FORM: ~oz_U~ City Attomey I, Mary Flandrick, Cily 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 lhe City of TefTlple City held on the 1'1 day March 2011, and was duly passed, approved and adopted by said Council at the regular meeting held on the 151h day of March 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmember-Bium, Sternquist, Yu, Chavez Councilmember-None Councilmember-VIZcarra Council member-None RIV #4848·8543·8984_ vl DRAFT