HomeMy Public PortalAbout2005-050 (03-21-05)RESOLUTION NO. ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AMENDING THE LYNWOOD FEE SCHEDULE TO INCREASE THE AMOUNT
OF THE CLEANUP FEE FOR THE SELLING OF SAFE AND SANE
FIREWORKS IN THE CITY AND SETTING ADDITIONAL FINANCIAL
REPORTING REQUIREMENTS FOR SAFE AND SANE FIREWORKS
PERMITTEES
WHEREAS, Section 12-2.6.d.8 of the Lynwood Municipal Code ("LMC") allows the
City Council ("Council") by resolution to require additional documents to be provided by
applicants for retail sale of Safe and Sane ("SAS") fireworks; and
WHEREAS, Section 12-2.14 of the LMC provides for payment of a Cleanup Fee at
the time application for a fireworks retail sales permit is made; and
WHEREAS, Section 12-2.14 of the LMC allows the Cleanup Fee to be changed from
time to time by resolution of the Council; and
WHEREAS, on March 15, 2005 the Council of the City of Lynwood determined that
the Cleanup Fee should be raised to insure sufficient funds for the City of Lynwood
("City") to underwrite costs associated with the burden of additional services (enforcement,
public education and awareness campaigns, fireworks trash and debris cleanup)
necessitated by allowing the sale and discharge of SAS Fireworks in the City each Fourth
of July; and
WHEREAS, in order to implement the new Cleanup Fee amount it is necessary to
require fireworks retail sales permittees to provide an annual financial accounting of their
gross receipts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. Each organization operating a fireworks stand or participating as a
member of a joint venture operating a fireworks stand shall submit to the City Clerk a
financial summary of the total gross receipts realized from the sales of SAS fireworks by
August 3 1st of each year. The financial summary shall have a summary of the actual sales
and profit for that year and shall have the receipts attached for each stand.
Section 2. The current $50.00 Cleanup Fee shall be increased to an amount
equal to 2% of the annual gross receipts realized by the SAS fireworks sales of each
fireworks stand operator/permittee.
Section 3. The increased Cleanup Fee shall be paid and calculated as follows:
A $500.00 deposit to be applied toward the increased Cleanup Fee shall be
paid at the time the organization submits its application for a fireworks retail
sales permit to the City Clerk.
The balance of the Cleanup Fee, if any, shall be paid to the City Clerk within
ten (10) days of the date that the organization operating a fireworks stand
receives an invoice from the City. The invoice amount shall be calculated
and the invoice shall be sent to each organization operating a fireworks stand
within thirty (30) days of the date the financial summary report is submitted
by the organization to the City Clerk.
If 2% of the gross receipts realized from fireworks sales is less than the
$500.00 deposit paid, the City Clerk shall refund any remaining balance to
the fireworks stand operator/permittee within thirty (30) days of the date the
financial summary report is submitted to the City Clerk.
$50.00 of the increased Cleanup Fee shall still be refundable to each
permittee provided that the fireworks litter associated with the fireworks
stand itself is removed as currently required under LMC Sections 12-2.11 .k
and 12-2.11.1.
Section 4. That this Resolution is to be given effect immediately upon adoption.
PASSED, APPROVED AND ADOPTE~ day of ~z=:~, 2005.,'"
k_..--" Ramb'fi Rodriguez, Mayor
ATTEST:
Andrea L. Hooper, City Clerk
APPROVED AS TO FORM:
I. Arnoldo Beltran, City Attorney
STATE OF CALIFORNIA }
}ss
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the ~?lst day of March 2005.
AYES:
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ
Andrea L. Hooper, City Clerk
STATE OF CALIFOPdqlA }
} ss
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, tree and
correct copy of Resolution No. ~__ on file in my office and that said
Resolution was adopted on the date and by the vote therein stated.
Dated this ~?lst dayof March .,2005.
Andrea L. Hooper, City t;lerk