HomeMy Public PortalAbout06) 7.E. Approval of Permits to Sell Fireworks for the 2013 SeasonAGENDA
ITEM 7.E.
DATE: April 16, 2013
MANAGEMENT SERVICES DEPARTMENT
TO: The Honorable City Council
MEMORANDUM
FROM: Jose E. Pulido, City Manager
By: Peggy Kuo, City Clerk uu
SUBJECT: APPROVAL OF PERMITS TO SELL FIREWORKS FOR THE 2013
SEASON
RECOMMENDATION:
The City Council is requested to approve 12 applications, as recommended for
fireworks permits for the 2013 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 April 1, 2013, staff received 10 permit applications by this season's deadline
from organizations that met the permit requirements and were approved permit
holders from the 2011 season. Two new qualified organizations also applied this
year: Temple City AYSO and the Pregnancy Help Center of San Gabriel Valley.
ANALYSIS:
For the 2013 fireworks season, staff received 10 permit applications from organizations
that were approved during the 2012 season and two from qualified organizations
applying for the first time.
City Council
April 16, 2013
Page 2
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
9945 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 HIGH SCHOOL BASEBALL
5913-5945 Temple City Boulevard (SWC of Temple 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 -Eleven Parking Lot on Rosemead)
10. TEMPLE STATION SHERIFF EXPLORERS POST#250
4800 Temple City Boulevard (7-Eveven Parking Lot on Temple City)
11. PREGNANCY HELP CENTER OF SAN GABRIEL VALLEY
5533 N. Rosemead Boulevard (Parking Lot behind Burger King)
12. TEMPLE CITY AYSO
6503 Rosemead Boulevard (SGV Family Dentist Parking Lot)
City Council
April 16, 2013
Page 3
City Council approval of this request will allow the non-profit organizations/groups to
raise funds to support their respective activities.
CONCLUSION:
The City Council is requested to consider the approval of two new organizations 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
Attachment A
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
FIREI,JORKS '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 o the Fire Prevention Code, 6einn Ordinance No, 20147 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.
113111. No fireworks shall be sold or offered for sale
or discharge�lc—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.
"2113. Upon receipt of written application for a permit
pursuant to tis 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 rash 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-
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 ;rears 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 t 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 $7.5!$50,000 public liability and a $5,000,00
property damage insurance policy, with a rider at-
tached to the policy, designating the City as an
additional assured thereunder.
(e) Shall be accompanied by a fee of Twenty -Five Dollars,
($?5.00)
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.
113116, Each such application shall show the following:
(a) Name and address of applicant.
(b) The aDpIiCant'S status as a non-profit organization.
(c) The name and addresses of the officers, if arty, 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 ton 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
ofthe 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 paid consideration for selling
or otherwise participating in the sale of fireworks
at such stand.
(d) Each person, group or organization shall be limiter.'
to one permit per year and each permit shall be
limited to one stand.
113113, All retain 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 supervis-
ion of the inspector who shalt 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, eighteen
years of age or older, on duty at all times, No
person under sixteen years of age shall be allowed
inside the booth at any time.
(e) No fireworks shall remain unattended at any time re-
gardless 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 shali
be permitted within the stand, or within five (,)
feet of the stand.
(h) All weeds and combustible material shall be cleared
from the location of the stand. No rubbish shall
be allowed to accumulate in or around any Fireworks
stand, nor shall a fire nuisance be permitted to
exist.
(i) No stand shall be ereoted before June 15th of any
year. The premises on which the stand is erected
shall ba 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
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extinouishers must be approved as to efficienc,r
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 e;; -
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 axits 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 -72.01 and 12.06, inclusive, of the Temple City Fire
Prevention Code are hereby amended insofar as the same are inconw
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 27tWap of
March 1961, by the following called vote:
AYES: Councilmen- Buchan, Dickason, Merritt, Fitzjohn
NOES: Councilmen -Tyrell
ABSENT: Councilmen -None
ATTEST:
Mayot--oe t Cit Tc-mpte City,
California
Glerf< of the City oI Temple� tty,
Cali forr�va.
Attachment B
ORDINANCE NO. 11-943
AN ORDINANCE OF THE CITY COUNCIL OF THE CIN 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.
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PASSED, APPROVED, AND ADOPTED this 15th day of March, 2011,
ATTEST:
MAYOR YRC�
APPROVED AS TO FORM:
1 l`A./11�7�. �C.f1MF�✓'�'��-v %i_l�- �1 Q(�l�.
City Clerk D 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 1" day
March 2011, and was duly passed, approved and adopted by said Council at the regular meeting held on the
1 51h 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,
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