HomeMy Public PortalAbout70-122 ORDINANCE NO. 70-122
AN ORDINANCE OF THE CITY OF CARSON REGULATING
THE SALE AND STORAGE OF FIREWORKS AND AMENDING
THE CARSON MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY ORDAIN AS FOLLOWS:
Section I . Section 3101 of Chapter 1 of Article III of the Carson
Municipal Code is amended to read:
"3101 . FI REWORKS REGULATI ON
3101 .0. Fireworks. Notwithstanding the provisions of Section 3100 and
the Fire Code adopted thereby, 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 Carson during the period beginning at 12:00 o'clock noon on the 28th day of June and
ending at 12:00 o'clock noon of the 5th day of July of each year pursuant to the provisions of
the Sections 3101 to 3101 . 10 of the Carson Municipal Code.
3101 . 1 . Fireworks, Sale of - License Required. Except as provided herein,
no person shall offer for sale or sell at retail any fireworks of any kind in the City of Carson
without having first applied for and received a license therefor.
3101.2. Persons Eligible. A license for the sale of fireworks shall be
issued only to such applicants who meet the following qualifications and requirements:
(a) A non-profit, charitable, religious or eleemosynary corporation
or association organized and existing primarily for veteran, patriotic,
religious, charitable or civic betterment purposes;
(b) Said corporation or association has its principal and permanent
meeting place in the City of Carson, or fifty percent (50 9/8) of its
members reside in the City, and it has been organized and established
in the City, as such, for a minimum of one year continuously preceding
the filing of the application for the license, and has a bonafide member-
ship of at least 20 members.
(c) A license shall not be issued unless the person, association or
organization applying for the license has first obtained a license from
the State Fire Marshal, under Section 12500 et seq. of the Health and
Safety Code of the State of California.
3101 .3. Application Requirements. A license may be issued for the sale
of fireworks in a temporary fireworks stand in accordance with the following:
(a) Application for a license shall be made by filing with the Finance
Department a written application thereof in the form herein required, not
earlier than April 1 nor later than May 1 of the year for which a license is
sought.
(b) Every application for a license shall be accompanied by an application
fee of $25.00 which shall not be refundable.
(c) Every application for a license shall be upon a form Furnished by the
Finance Department and shall contain such information as shall be required
by this Section.
(d) Every application shall set forth:
(1) The name and address of the applicant and the name of each of
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the principal officers of the organization, with the residence and
business address and telephone number of each.
(2) The applicant's status as a non-profit, charitable, religious
or eleemosynary corporation or association.
(3) The date of organization of the applicant and length of
continual existence.
(4) The purpose for which the applicant is primarily existing and
for which it was organized.
(5) The applicant's intended use for any funds realized from the
sale by such organization.
(b) The proposed location of the fireworks stand applied for
together with two copies of a plot plan showing its location in
relation to existing structures and the public right-of-way.
(7) The name and address of the owner of the proposed location and
a written statement from the property owner or lessee as to whether
the applicant has permission to locate a fireworks stand at such location.
(8) A statement that the person signing the application has read
and is familiary,with the terms of this Section regarding the nature of
the license granted, the location of fireworks stands, and the permitted
times of storage and sale of fireworks at such location.
(9) A statement that the applicant agrees to comply strictly with
the terms of any license granted to it, and to account to the City for
transactions engaged in pursuant to the license and for the use and
distribution of the funds realized from the holding of such license.
3101 .4. Issuance of License. Applicants for such license shall be notified
by the Finance Department of the acceptance or rejection of such application for a license on or
before May 7.
(a) Upon approval of such application, the applicant shall complete the
following prior to the issuance of a license:
(1) Pay a I icense fee of $125.00.
(2) Post a $50.00 cash deposit with the City to guarantee that all
litter shall be cleared from the premises of the temporary fireworks
stand by the date so stipulated in this Section.
(3) File with the Finance Department a certificate of public liability
and property damage insurance in a minimum amount of $100,000/$200,
000/$25,000 which shall cover the operation and premises of the
temporary fireworks stand; in addition, the City of Carson shall be
named as an additional insured on such insurance.
(b) A copy of the application and plot plan shall be forwarded to the Fire
Chief who shall investigate the location of the proposedfkemrks stand for
compliance with existing fire regulations. The Fire Chief shall report his
findings to the Finance Department on or before May 20.
(c) A copy of the application shall also be forwarded to the Sheriff's
Department for license investigation. A report of such investigation shall
be made to the Finance Department on or before May 20.
(d) Upon compliance with these regulations, a license shall be granted
by the Finance Department.
Ord. #70-122/P.3. of 7
3101 .5. General Provisions.
(a) The Licensee shall use the net proceeds derived from its operations
under such license only for such non-profit, charitable, religious or elee-
mosynary service projects that shall be of benefit to the City of Carson and
for no other purpose.
(b) The licensee.shall file a report with the Finance Department within
six (6) months after the closing of the fireworks stand giving a description of
such service project together with an accounting of the funds derived from
the sale of the fireworks.
(c) No one organization may receive more than one license for a fireworks
stand during any one calendar year.
(d) No sale of fireworks shall be made to children under the age of sixteen
(16) years unless accompanied by his or her parents or guardian.
(e) All licenses shall expire at 12:00 o'clock noon of the 5th day of July.
3101.6. Regulations for Temporary Stands. All temporary stands for the sale
of fireworks shall be located, maintained and operated subject to the following provisions:
(a) Fireworks stands as temporary structures need not comply with the pro-
visions of the Building Code of the City of Carson; provided, however, that
all stands shall be erected under the supervision-of the Director of Building and
Safety who shall require that stands be constructed in such a manner which will
reasonably insure the safety of attendants and patrons. All utilities shall be
installed and maintained in accordance with the Building Code.
(b) No fireworks stand shall be erected within one hundred feet (100)
of any gasoline station or commercial garage nor within twenty-five (25) feet
of any other structure. Minimum setback from the street curbing shall be ten
(10) feet.
(c) No fireworks stand shall be located within a residential zone.
(d) All licenses shall be posted in a conspicuous place.
(e) Licensee shall strictly comply with all the provisions of the State
Fireworks Law (Section 12500 et seq. of the Health and Safety Code of the
State of California).
(f) No fireworks stand shall be installed prior to 12:00 o'clock noon on
June 21st and each stand shall be removed from the temporary location by
12:00 o'clock noon on July 12 and all accompanying litter, debris, building
materials, utility connections and other facilities or equipment or materials,
shall be cleared from said location by said time and date to the satisfaction of
the Director of Public Works. In the event the premises have not been cleared
by said date, the Department of Public Works shall clear or cause to be cleared
the said premises, and shall charge the cost thereof to said cash deposit, and
the balance unexpended shall be returned to the licensee.
(g) All weeds and combustible material, not including structures, shall be
cleared from the location of the stand, and for a distance of at least fifty (50)
feet surrounding the stand.
(h) All trash shall be removed from the premises and the fireworks stand
each evening at the close of business.
Ord. #70-122/P.4 of 7
(i) There shall be maintained in each premises or stand within which
fireworks are sold or offered for sale two (2) fire extinguishers approved by
the Los Angeles County Fire Department.
(j) No person shall light, or cause or permit to be lighted, any fireworks
or any other article or material within any such stand, or within fifty (50)
feet thereof.
(k) No smoking shall be allowed in any structure used for the sale and
display of fireworks nor within fifty (50) feet of said structure. "No Smoking"
signs shall be prominently displayed both inside and outside the fireworks stand.
(1) There shall be at least one adult in attendance during the open or sale
hours of the fireworks stand. No minor, age sixteen (16) or younger, shall
be permitted in a stand.
(m) The licensee shall provide an adult night watchman to act and serve
during the hours of storage. Under no circumstances shall the night watchman
sleep within the fireworks stand.
(n) No alcoholic beverages shall be allowed on the premises. No person
who is under the influence of alcoholic beverages shall enter, or be allowed
in, the sales booth.
(o) Fireworks stands shall have exits at least thirty (30) inches in width
at both ends of the structure, and one thirty (30) inch exist every twenty (20)
feet on the rear wall of the structure. No supplies or other materials shall
be stored in front of exit doors. Exit doors shall be openable from the inside
without the use of a key or any special knowledge or effort. There shall be
maintained a thirty (30) inch clear aisleway from all parts of the stand to
exit doors.
(p) Fireworks on the sale site shall be stored and kept only in the licensee's
sales booth. It shall be unlawful to store any fireworks in any other place within
the City of Carson except as provided in Section 3101 .8.
(q) All unsold stock shall be removed from the location by 12:00 o'clock
noon of July 7.
3101.7. Wholesale Permit.
(a) The City Council may, at its discretion, from time to time grant a
wholesale permit for the possession and wholesale distribution of "safe and
sane fireworks" with the City to any person licensed by the State Fire Marshal
as a manufacturer;,,importer, exporter, or wholesaler of fireworks. Any such
permit shall be upon the terms and conditions hereafter provided in this Section,
and shall contain the provisions herein set forth.
(b) Such wholesale permits may, unless revoked by the City Council, be
reissued annually; provided, however, that the permittee shall, on or before
March 31 of each year, file an application therefor in the same form as an
application for the original permit, and shall pay the application fee required
by sub-section (c) hereof.
(c) An application by a manufacturer, importer, exporter or wholesaler for
a wholesale permit to engage in the possession and wholesale distribution of safe
and sane fireworks in the City shall conform to the following requirements:
Ord. #70-122/P.5 of 7
(1) It shall be in writing, verified, and accompanied by a non-
refundable application fee in the amount of $150.00.
(2) It shall be filed with the City Clerk on or before March 31 of
the year in which such permit is to be effective.
(3) It shall be accompanied by a statement that upon issuance of
a permit, the applicant will deliver to the City a products liability,
public liability and property damage insurance policy or bond in the
amount of not less than $300,000.00. Such policy shall be with a
corporate insurance company, and in such form as shall be approved
by the City Attorney, and shall name the City, its officers and
employees as additional insureds.
(4) It shall contain such other information as may be required by
the City Administrator.
(5) It shall set forth the name, principal place of business and
telephone number of the applicant, its State fireworks license number
or numbers, the names and addresses of its principal partners, owners or
officers, and the name, residence address, and capacity of the person
signing the application.
(6) It shall contain a statement that fireworks will not be furnished,
sold, distributed or placed in the possession of any person or organization
in the City, or for sale, use or distribution in the City, unless such
person or organization holds a valid and unrevoked license from the
City to so possess, sell, use or distribute said fireworks.
(d) Every shipment or load of fireworks distributed to any retail licensee
shall be accurately inventoried, and a copy of the inventory furnished to the
retail licensee at the time of such distribution. It shall be a misdemeanor for
any person to furnish to any retail licensee any materially false or inaccurate
inventory. A copy of each such inventory shall be filed with the City not
later than July 31 of such year.
(e) The wholesale permittee shall furnish plans and specifications for
temporary fireworks stands for the retail sale of fireworks distributed by him,
and no sale, distribution or storage of fireworks shall be made except to and
from or at a temporary fireworks stand. Such temporary stands shall be subject
to the provisions of Section 3101 .6.
(f) No fireworks shall be distributed within the City to any retail licensee or
other person prior to June 27 of the year for which the permit is issued.
(g) Every wholesale permit issued shall expire on December 31 of the year
for which such permit is issued.
3101 .8. Storage of Fireworks. It shall be unlawful to store any fireworks in
any residence, home, garage or automobile within the City of Carson. It shall also be unlawful
to store any fireworks in any building or other place within the City of Carson without a permit
therefor from the City Council. An application for such a permit shall be filed with the City
Council and the City Council shall cause an investigation to be made of the place where it is
proposed to store such fireworks. The City Council may grant such permit with or without a public
hearing in the discretion of the City Council. Such permitted fireworks storage shall be located,
maintained and operated subject to the following provisions:
(a) Prior to initiating the storage of fireworks at the permitted location,
the permittee shall procure public liability and property damage insurance
covering its operation in and about said premises in a minimum amount of
$100,000/$200,000/$25,000; in addition, the City of Carson shall be named
as an additional insured on such insurance. The permittee shall file a certificate
of such insurance with the City Clerk within seven (7) days after Council
approval of such storage operation.
Ord. #70-122/P.6 of 7
(b) No fireworks shall be stored within one hundred (100) feet of any
gasoline service station or any garage located within twenty-five (25) feet
of any other structure. Any facility for the storage of fireworks shall
maintain a minimum setback from the street curbing of ten (10) feet.
(c) There shall be maintained at each location where fireworks are stored,
at least two (2) fire extinguishers approved by the Los Angeles County Fire
Department; provided, however, that if more than one room at any location
is used for fireworks storage, there shall be at least one approved fire
extinguisher per room.
(d) No person shall light, or cause, or permit to be lighted, any fire-
works, or any other article or material, within any structure approved for
fireworks storage, or within fifty (50) feet thereof.
(e) No smoking shall be allowed in any structure used for the storage of
fireworks nor within fifty (50) feet of said structure. "No Smoking" signs shall
be prominently displayed.
(f) No minor, age sixteen (16) or younger, shall be in the fireworks
storage structure.
(g) No alcoholic beverages shall be allowed on the premises. No person
who is under the influence of alcoholic beverages shall enter, or be allowed
in the building or structure used for fireworks storage.
(h) The permittee shall provide an adult night watchman to act and serve
during all hours other than normal business hours. Under no circumstances
shall the night watchman sleep within the building in which the fireworks are
stored.
(i) All permits must be posted in a conspicuous place at the storage site.
(j) The permittee shall strictly comply with all of the provisions of the
State Fireworks Law (Sections 12500 et seq., of the Health and Safety Code
of the State of California).
3101.9. Public Displays. Notwithstanding the provisions of Section 3100,
the City Council in its discretion may grant permits for public displays of fireworks under the
supervision of the Fire Chief in celebration or commemoration of significant public events or
occasions.
3101 . 10. Penalties. Any person violating any provision of Sections 3101
to 3101 .9, inclusive, or knowingly or intentially misrepresenting to any officer or employee of
the City, any material fact in procuring the license or permit herein provided for, shall be
guilty of a misdemeanor.
In addition thereto, any such misrepresentation or violation shall constitute
grounds for revocation of the license or permit by theCity Council, on twenty-four (24) hours'
notice to the permittee, or if any such violation is committed in the presence of the Sheriff,
or any deputy, or Fire Chief, or any other city officer, the City Administrator shall be
Ord. #70-122/P.7 of 7
empowered, upon receiving a written and signed report thereof from any such officer, to
close any such sales booth or stand forthwith.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Carson this 9th day of March, 1970.
OR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF: LOS ANGELES ) ss.
CITY OF CARSON )
I, Marilyn R. Cortina, City Clerk of the City of Carson, California, do
hereby certify that the whole number of members of the City Council of said City is five;
that the foregoing ordinance, being Ordinance No. 70-122, passed first reading on March 2,
1970, was duly and regularly adopted by the City Council of said City at a regular meeting of
said Council, duly and regularly held on the 9th day of March, 1970, and that the same
was so passed and adopted by the following roll call vote:
AYES: COUNCILMEN: Yamamoto, Smith, Marbut and
Junk.
NOES: COUNCILMEN: Clark.
ABSENT: COUNCILMEN: None.
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City Clerk of tWe City of Carson, California.