HomeMy Public PortalAbout04_7C_FireworksCOMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: April 20, 2021
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
Via: Scott Reimers, Community Development Director
By: Sandra Scott, Planning Secretary
SUBJECT: APPROVAL OF PERMITS TO SELL FIREWORKS AND ENFORCEMENT
EFFORTS FOR THE 2021 SEASON
RECOMMENDATION:
The City Council is requested to approve nine applications for fireworks permits for the
2021 season.
BACKGROUND:
1.On March 27, 1961, the City Council adopted Ordinance No. 61-37 amending the
Temple City Municipal Code to allow the sales and use of safe and sane fireworks
within the City of Temple City and to require a permit to sell fireworks, subject to
approval by the City Council (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 fireworks permits are issued
and giving priority to organizations seeking a repeat permit (Attachment “B”).
3.On March 16, 2021, the City Council discussed the topic of fireworks sales permits.
The City Council approved issuing paper permits for sales of fireworks with the option
of the City to impose conditions and make adjustments pertaining to the operation of
fireworks stands in case of emergencies and to bring back recommendations
regarding enforcement of illegal fireworks for the City Council’s consideration.
4.By the submittal deadline of March 31, 2021, staff had received nine permit
applications from organizations that met the permit requirements.
AGENDA
ITEM 7.C.
City Council
April 20, 2021
Page 2 of 4
ANALYSIS:
For the 2021 fireworks season, staff received nine applications. As set forth in Temple
City Municipal Code Section 3-1-13 up to 12 fireworks stand permits may be issued per
season to non-profit associations or corporations organized primarily for veteran, patriotic,
welfare, civic betterment or charitable purposes. 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:
Organization Organization Address Stand Location Stand Address
Faith UMC of the SGV 5957 Golden West Ralph’s Parking Lot 9470 Las Tunas Dr.
Temple City Aquatics
Foundation 9501 Lemon Ave. Super A Parking Lot 5585 Rosemead Blvd.
Knights of Columbus 5605 Cloverly Ave. K-Mart Parking Lot 5665 Rosemead Blvd.
Temple City Amateur
Softball Association 10144 Bogue St. Pepe’s Parking Lot 5829 Rosemead Blvd.
Temple City Grad Nite 9501 Lemon Ave. Numero Uno Parking
Lot 6328 Rosemead Blvd.
Temple City High
School Band 9501 Lemon Ave. Las Tunas Dr. and Oak
Ave. Parking Lot 9441 Las Tunas Dr.
Temple City Immanuel
Church 9953 Las Tunas Dr. Church Parking Lot 9945 Las Tunas Dr.
Temple City
Ramrodders 9501 Lemon Ave. Temple City Blvd and
Woodruff. Vacant lot
Temple City American
Little League 10144 Bogue St. 7-Eleven Parking Lot 4800 Temple City Blvd.
City Council approval of this request will allow the non-profit organizations and groups to
raise funds to support their respective activities.
CONDITIONS OF APPROVAL:
In response to the City Council’s direction on March 16, 2021, attached is a copy of the
proposed Fireworks Sales Permit that the Community Development Department
proposes to use. The permit includes five conditions:
1. This approval and these conditions may be modified or revoked by the City Council
should it be determined that the sale of fireworks under this permit is detrimental to
the public health, safety, or welfare; is operated contrary to the conditions of approval
or any federal, state, or local law; or is operated or maintained so as to constitute a
public nuisance.
City Council
April 20, 2021
Page 3 of 4
2.By using or exercising this approval, the applicant acknowledges and accepts all of
these conditions imposed. The applicant acknowledges that failure to comply with
these conditions may be cause for revocation of the approval. These conditions are
binding upon the applicant.
3.This permit is only valid from noon on June 30, 2021 to noon on July 5, 2021.
4.The sale of fireworks must continually comply with Sections 3-1-4 through 3-1-19 of
the Temple City Municipal Code.
5.The sale of fireworks must follow the “County of Los Angeles Department of Public
Health Order of the Health Officer” for retail establishments.
6.This permit may be revoked by the City of Temple City, in its sole discretion, upon the
occurrence of any of the following: war, natural disaster, public health emergency, civil
disorder, civil disturbance, act of terrorism, or substantial threat of terrorist acts.
The fifth condition is based on direction for the Los Angeles County Department of Public
Health, which confirmed that the sale of fireworks must follow the County’s requirements
for retail establishments. At time of permits issuance, City Staff will provide applicants
with a copy of the County’s “Protocol for Retail Establishments.” The last condition is
based on the City Council’s recommendation in 2020 that there be some way to consider
revocation of permits in unusual or unique circumstances. That condition is in line with
“force majeure” provisions in sophisticated contracts that relieve performance where
substantial unforeseeable events make performance impossible or impracticable.
ENFORCEMENT EFFORTS:
The City Council had a brief discussion about enforcement at the Law Enforcement
Summary Meeting on March 31, 2021. The Councilmembers present requested staff to
increase enforcement prior to and on Independence Day. Staff is planning to hire three,
two-person units on July 3 for eight hours and five, two-person units on July 4 for ten
hours. Public Safety staff will also assist with fireworks suppression operations.
FISCAL IMPACT :
This item will not have an impact on the Fiscal Year 2020-21 City Budget.
CITY STRATEGIC GOALS:
Approval of permits to sell fireworks for the 2021 season will further the City’s Strategic
Goal of Economic Development.
City Council
April 20, 2021
Page 4 of 4
ATTACHMENTS:
A.Temple City Municipal Code Sections 3-1-4 through 3-1-19
B.Draft Fireworks Sales Permit
3-1-4: ENFORCEMENT OF CHAPTER:
All provisions of this chapter shall be carried out and enforced in conjunction with the law
enforcement agency of the city and by the fire chief. The general supervision of
conditions and equipment which aid in control of fire, conditions constituting fire hazards
or danger to life or property, and the abatement or minimizing of such fire hazards or
dangerous conditions shall be the responsibility of the said fire chief. (1960 Code)
3-1-5: DEFINITIONS:
The most current adopted definitions set forth in the state fireworks law 1
will define the terms used in sections 3-1-5 through 3-1-19 of this chapter unless
otherwise modified herein:
CITY: The city of Temple City.
DANGEROUS FIREWORKS: Any fireworks specified as such in the state fireworks
law, Health And Safety Code section 12505, and such other fireworks as may be
determined to be dangerous by the state fire marshal. "Dangerous fireworks" shall
include any safe and sane fireworks that have been altered in such a manner as to
provide said fireworks the qualities of dangerous fireworks as defined herein.
FIREWORKS PERMIT: A permit issued by the city to sell safe and sane fireworks
within the city in accordance with the provisions of this chapter.
MINOR: A person under the age of eighteen (18) years. (Ord. 13-968)
Notes
1 1. HSC § 12500 et seq.
3-1-6: GENERAL PROHIBITION AGAINST MANUFACTURE, SALE, USE,
DISPLAY, DISCHARGE, OR POSSESSION OF DANGEROUS FIREWORKS:
A. Except as otherwise provided in this chapter, no person shall manufacture, use,
discharge, sell, offer for sale, or display for sale any dangerous fireworks or any altered
safe and sane fireworks within the city limits.
B. Except as otherwise provided in this chapter, no person shall possess twenty five
(25) pounds or less (gross weight including packaging) of any dangerous fireworks.
(Ord. 13-968)
3-1-7: SALE OF SAFE AND SANE FIREWORKS:
A. Permit Required: It shall be unlawful for any person to sell, offer for sale, or display
for sale any safe and sane fireworks within the city limits without having first procured a
valid fireworks permit in accordance with the provisions of this chapter.
B. Location Of Sales: It shall be unlawful for any person to sell, offer for sale, or
display for sale any safe and sane fireworks within the city limits unless the sale, display
ATTACHMENT A
for sale, or offer for sale occurs within a designated structure pursuant to section 3-1-18
of this chapter.
C. Hours Of Sale: It shall be unlawful to sell, offer for sale, or display for sale any safe
and sane fireworks within the city limits except on July 1 through July 3, between the
hours of eight o'clock (8:00) A.M. and ten o'clock (10:00) P.M.; and on July 4 between
eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M.
D. Sale To Minors Prohibited: It shall be unlawful for any person to cause, permit,
allow, aid, abet, or suffer the sale of any safe and sane fireworks to a minor at any time.
(Ord. 13-968)
3-1-8: USE, DISPLAY OR DISCHARGE OF SAFE AND SANE FIREWORKS:
Except as otherwise provided in this chapter, no person shall use, discharge, sell, offer
for sale, or display for sale any safe and sane fireworks within city limits. It shall also be
unlawful for any person having care, custody, or control of real property to suffer or
permit any person to use, discharge, sell, offer for sale, or display for sale any fireworks
thereon unless in accordance with the provisions of this chapter.
A. Hours Of Discharge: Except as otherwise provided in this chapter, it shall be
unlawful for any person to use or discharge any safe and sane fireworks except on July
4 during the hours of twelve o'clock (12:00) noon to ten o'clock (10:00) P.M.
B. Location Limitations Of Discharge: Except as otherwise provided in this chapter, it
shall be unlawful for any person to ignite, discharge, project or otherwise fire or use any
safe and sane fireworks upon or over or onto the property of another without his/her
consent or within ten feet (10') of any residence, dwelling or other structure used as a
place of habitation by human beings or within any city park. No person shall ignite,
discharge, project or otherwise fire or use any safe and sane fireworks within fifty feet
(50') of any fireworks stand.
C. Discharge By Minors Prohibited: It shall be unlawful for any minor to use,
discharge, explode, fire, or set off any safe and sane fireworks unless under the direct
supervision and in the immediate presence of a parent, legal guardian, or other custodial
adult eighteen (18) years of age or older and during the times permitted by this chapter.
It shall also be unlawful for any person having the care, custody or control of a minor to
permit such minor to use, discharge, explode, fire or set off any dangerous fireworks or
any altered safe and sane fireworks, at any time, or to permit such minor to use,
discharge, explode, fire or set off any safe and sane fireworks unless such minor does
so under the direct supervision and in the immediate presence of a parent, legal
guardian, or other custodial adult eighteen (18) years of age or older and during the
times permitted by this chapter. (Ord. 13-968)
3-1-9: PERMIT FOR PUBLIC DISPLAYS OF FIREWORKS AND/OR SPECIAL
EFFECTS:
A. Permit Required: It shall be unlawful to cause, allow, permit, aid, abet, or suffer any
discharge of dangerous fireworks (including a public display) or any use of special
effects without having first obtained a permit therefor from the fire chief.
B. Rules And Regulations: The fire chief shall have authority to adopt reasonable
rules and regulations for the granting of nontransferable permits for those activities
contained in section 12640 of the California Health And Safety Code, including
supervised public displays of fireworks by a jurisdiction, fair association, amusement
park, other organization, or for the use of fireworks by artisans in pursuit of their trade.
Each such use or display shall be handled by a licensed pyrotechnic operator 1
in accordance with a city issued permit, and shall be of such character and so located,
discharged or fired as in the opinion of the fire chief or his designee, after proper
investigation, will not be hazardous or endanger any person. A permittee shall strictly
adhere to any rules, regulations, or conditions pertaining to the granting of a permit.
C. Required Bond/Insurance: The permittee for a fireworks display shall furnish a
bond or certificate of insurance in an amount deemed adequate by the city manager (or
designee thereof) for the payment of all damages which may be caused either to a
person or persons or to property by reason of the permitted display, and arising from any
acts of the permittee and/or agents, employees, or subcontractors thereof.
D. Disposal Of Unused Fireworks: The permittee of any fireworks display, having any
fireworks that are unfired after the display has concluded, shall immediately dispose of
same in a safe manner for the particular type of fireworks remaining and in accordance
with all applicable laws. (Ord. 13-968)
Notes
1 1. As defined by HSC § 12527.
3-1-10: SEIZURE OF FIREWORKS IN VIOLATION OF CHAPTER:
The fire chief (or designee thereof) shall seize, take, remove, and dispose of (in an
approved manner) or cause to be seized, removed, and disposed of (in an approved
manner), at the expense of the owner of same, all fireworks offered or exposed for sale,
stored, possessed, or used in violation of this code. The seizure and disposal shall be
conducted in accordance with the California Health And Safety Code and other
applicable laws. (Ord. 13-968)
3-1-11: SALE/DISCHARGE OF FIREWORKS:
(Rep. by Ord. 13-968)
3-1-12: UNLAWFUL DISCHARGE:
(Rep. by Ord. 13-968)
3-1-13: PERMIT APPLICATION PROCEDURE:
Upon receipt of written application for a fireworks permit, the city manager shall make an
investigation and submit to the city council a report of his findings 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 reasonable conditions and restrictions as may be
imposed by the city council and such conditions and restrictions shall be complied with
by the permittee. The city council shall require a cash deposit with the city clerk in the
sum of one hundred dollars ($100.00) for each twenty four feet (24') 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 all code
provisions, but such deposit shall be forfeited and retained by the city in the event of
noncompliance. (1960 Code)
3-1-14: QUALIFICATIONS OF PERMITTEES:
A. No permit shall be issued to any person except nonprofit associations or
corporations organized primarily for veteran, patriotic, welfare, civic betterment or
charitable purposes. Each such organization must have its principal and permanent
meeting place in the city and must have been organized and established in the area that
is within the city for a minimum of two (2) years continuously preceding the filing of the
application for the permit and must have a bona fide membership of at least twenty (20)
members.
B. Every stand shall submit to the city by October 30 of each year, a copy of the state
board of equalization's state, local and district sales and use tax return from the
operation of the fireworks stand for the prior July. Failure to do so shall result in the
following:
1. Unable to get a permit for the following year; and
2. The deposit placed with the city shall be held until such time the report is filed but
no longer than one year from the due date, at which time the deposit is thereby forfeited
to the city.
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. (1960 Code; amd. Ord. 91-691; Ord. 96-792; Ord. 11-943)
3-1-15: PERMIT APPLICATION FILING:
Applications for such permit:
A. Shall be made in writing.
B. Shall be accompanied by a current roster of members.
C. Shall be filed with the city manager between January 1 and March 31 of each year.
D. Shall set forth the proposed location of any and all fireworks stands applied for,
and the length thereof.
E. Shall be accompanied by a certificate of insurance in the amount of one million
dollars ($1,000,000.00) public liability with an endorsement attached to the policy
designating the city of Temple City as additional insured.
F. Shall be accompanied by a nonrefundable permit fee as set and/or modified by
resolution of the city council.
G. 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 May 1 of each calendar
year.
H. Upon approval of permit, applicant shall be issued a separate temporary business
license. The fee shall be waived by the city council. (1960 Code; amd. Ord. 92-715; Ord.
96-792)
3-1-16: PERMIT APPLICATION CONTENTS:
Each such application shall show the following:
A. Name and address of applicant.
B. The applicant's status as a nonprofit organization.
C. The name and address of the officers, if any, 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. (1960 Code)
3-1-17: OPERATION OF STANDS:
The following regulations shall be complied with in the operation of fireworks stands:
A. No person other than the licensee organization, its members and members of their
families, shall operate the stand for which the license is issued, or share or otherwise
participate in the profits of such stand. No assignment or licensing or other use of the
permit may be permitted.
B. 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 otherwise
participate in the sale of fireworks at such stand.
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 limited to one permit per year and
each permit shall be limited to one stand. (1960 Code)
3-1-18: SALES FROM DESIGNATED STRUCTURES:
All retail 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 prohibited.
Such temporary stands shall be subject to the following 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 supervision of the
inspector who shall require that stands be constructed in a manner which will reasonably
ensure the safety of attendants and patrons, and any stands constructed shall obtain an
electrical permit from the city.
B. If, in the judgment of the fire department and the building inspector of the city, the
construction of the stands or the conduct of the operators therein do not conform to the
provisions of this code, such officers, or either of them, may order the stands
immediately to close.
C. No person shall be allowed in the interior of the stand except those directly
employed in the sale of fireworks.
D. There shall be at least one supervisor, twenty one (21) years of age or older, on
duty at all times. No person under eighteen (18) years of age shall be allowed inside the
booth at any time.
E. No fireworks shall remain unattended at any time regardless of whether the
fireworks stand is open for business or not. No person shall sleep in the stand.
F. No stand shall be placed closer than twenty five feet (25') to any other building.
G. "NO SMOKING" signs shall be prominently displayed both inside and outside the
stand. No smoking shall be permitted within the stand, or within fifteen feet (15') 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 erected before June 15 of any year. The premises on which the
stand is erected shall be cleared of all structures and debris within seventy two (72)
hours after twelve o'clock (12:00) midnight of July 4.
J. All stands must be equipped with at least one fire extinguisher, type 2A, for each
exit in the stand, which fire extinguishers must be approved as to efficiency and safety
by the fire department.
K. Each stand in excess of twenty feet (20') in length must have at least two (2) exits
and each stand in excess of forty feet (40') in length must have at least three (3) exits
spaced approximately equidistant apart, provided however, that in no case shall the
distance between exits exceed twenty feet (20').
L. No stand shall be constructed with a depth of more than twelve feet (12').
M. "No Drinking Of Alcoholic Beverages" signs shall be prominently displayed both
inside and outside the stand. No drinking of alcoholic beverages shall be permitted
within the stand, or within fifteen feet (15') of the stand; nor shall any person handling or
selling fireworks be under the influence of alcohol or any other controlled substances;
nor shall any alcoholic beverages or controlled substances be contained within the
stand. (Ord. 85-563)
3-1-19: VIOLATIONS:
A. Any person who causes, permits, aids, abets, or suffers a violation of any provision
of this chapter (with the exception of a violation of subsection 3-1-6B of this chapter), or
who fails to comply with any obligation or requirement of this chapter, or who fails to
strictly adhere to any condition of a permit issued pursuant to this chapter, is guilty of a
misdemeanor offense punishable in accordance with section 1-2-0 of this code.
B. Any person who causes, permits, aids, abets, or suffers a violation of any provision
of this chapter (including a violation of subsection 3-1-6B of this chapter), or who fails to
comply with any obligation or requirement of this chapter, or who fails to strictly adhere
to any condition of a permit issued pursuant to this chapter, is subject to an
administrative fine in accordance with title 1, chapter 4 of this code. (Ord. 13-968)
City of Temple City
Community Development Department
THIS PERMIT MUST BE POSTED IN A HIGHLY VISIBLE PLACE
ATTACHMENT B