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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 Ord. #70-122/P.2 of 7 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. r' f City Clerk of tWe City of Carson, California.