HomeMy Public PortalAbout09) 7D Approval of Permits to Sell Fireworks for theh 2015 SeasonAGENDA
ITEM 7.0.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE :
TO:
FROM :
MEMORANDUM
April 2 1, 2015
T he Honorab le City Cou nci l
Bryan Cook , City Manager
Via : Michael D. Forbes , Community Development Director~
By : Jenn ifer Venters, Planning Secretary
SUBJECT: APPROVAL OF PERMITS TO SELL FIREWORKS FOR THE 2015
SEASON
RECOMMENDATION :
The City Co un ci l is reque sted to approve 11 app lications for fireworks permits for the
2015 season .
BACKGROUND:
1. On March 27 , 1961 , the City Coun cil adopted Ordinance No . 61-37 amend ing the
Temple City Mu nicipal Code to allow the sales and use of safe and sane fireworks
within the City of T emple Ci ty and t o require a permi t to sell fireworks , subject to
approval by the City Counci l (Attachm ent "A").
2 . On March 15 , 2 011 , th e City Co un ci l adopted Ordi nance No . 11-943 amending the
fireworks pe rmit procedu re to address the o rd er in which fireworks permits are
issued and giving priority to organizations seeking a repeat permit (Atta chme nt
"B").
3 . On March 24, 2015, staff received 11 permit applications by this season 's deadline
from orga ni za tions that met th e permit requireme nts . Of the applications received ,
nine pe rm it a ppli cants are repeats from the previous year , and two applicants are
new organizations .
ANALYSIS :
For the 2015 fireworks season , staff received 11 applications , i nclud ing nine
app li ca tio ns from organizations that we re app roved durin g the 2014 season , and two
from new o rgani zation s (Temp le City Aquatics Foundation and T emp le City H ig h
City Council
Apri l 21 , 2015
Page 2 of 3
School Baseba ll ). As set forth in Municipal Code Section 3-1-13 no more than 12
fi reworks 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 regu lates permit applicati on procedures , qualifications of permittees , and
operation of stands.
Listed below are the organizations that have submitted appl ications and the location of
each organization 's proposed stand :
Organ ization Organization Address Stand Location Stand Address
Temple City Aquatics
Foundation 5901 Lemon Ave . Super A Parkina Lot 5585 Rosemead Blvd .
Temple City I mman uel
Church 9953 Las Tunas Dr. Church Pa rkina Lot 9945 La s Tunas Dr.
Knights Of Columbus 5605 C loverly Ave. K-Mart Parkina Lot 5665 Rosemead Blvd .
Temple C ity Amateur
Softball Association 10144 Bogue St. Ra lph 's Parkinq Lot 9470 Las Tunas Dr.
Temple City High NEC Las Tunas Dr. And
School Band 9501 Lemon Ave. Oak Ave. 9441 Las Tunas Dr.
Temple City National SWC of Temp le City 5913-5945 Temple City
Little League 6256 Oak Ave. Blvd . and Wood ruff Ave . Bl vd .
Temple City Grad Nite 9501 Lemon Ave . Auto Zone Parking Lot 6328 Rosemead Blvd .
Temple City
Ramrodders 9501 Lemon Ave . Student Parki na Lot 9501 Lemon Ave .
Temple City H1gh
School Baseball 9501 Lemon Ave . 7 -Eleven Parkinq Lot 6246 Rosemead Blvd .
Temple Station Sheriff
Ex plorers Post #250 8838 La s Tunas Dr. 7 -Eveven Parkina 4800 T emple City Bl vd .
SGV Family Dentist
Temple C ity AYSO 10144 Boaue St. Parkina Lot 6503 Rosemead Blvd .
Ci ty Coun cil 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 approve fireworks permits for two new organizations
along with n i ne previously approved organizations , all of which qua lify per the City's
code requ iremen ts .
FISCAL IMPACT:
This item wi ll not have an impact o n th e Fiscal Year (F Y) 2014-15 City Budget.
City Council
April 21 , 2015
Page 3 of 3
ATTACHMENT{S):
A. Ordinance No. 61-37
B . Ordinance No. 11-943
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ATTACHMENT A
ORDINANCE NO . 6 1-37
AN ORD INANCE OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY AMENDING THE TEMPLE CITY MUN I-
CIPAL CODE RELATIVE TO THE SALE AND USE OF
FIRE WORKS WITHIN THE CITY OF TEMPLE CITY, AND
REPEALI NG ALL OTHER ORDI NAN CES OR PARTS OF
ORDINA NCES IN CONFLICT THERE WITH
THE CITY COU NCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN
AS FOLLOWS :
SECTIO N 1. The Mun ic ipa l Code of th e City o f Te mpl e
City is he r e by amended by adding Section 3110 thro ugh and includ-
ing Se ction 31 20, said sections to r ea d as foll ow s:
11 3110. Notwi thstanding the pr o vi s ions o f s ec ti o ns 12.01
to 12.06 of~ Fire Pre vention Cod e , being Ordinance No •. 294 7 of
the Co unty o f Los An ge l es, adopte d by reference as th e Templ e
City Fire Pre ven ti o n Code by Section 3100 of the Tem pl e City Mun-
icipal Code, safe and ~ane firewo rks as de fin e d by Section 12 504
of the Health and Safety Cod e of the State o f Cal 1fornia, ma y be
sold and discharge d within th e City of Tem pl e City durin g th e
pe riod beginning at 12:00 o 'cl ock noon o n the 30th day of Jun e
and e nding at 12:00 noo n o n th~ 5th of Jul y o f e ach ye ar
pursuant to the provisi o ns of this o rdinance and not o the rwise.
u3111. No fireworks shall be so ld o r o ff e r e d for sa l e
o r dischargea-wi t hin the City which are classified as dange r o us
fireworks, as that t e rm is def in e d by the Hea lth and Safe t y Co de
o f the State of Califo rnia. Safe and sane firewo rks shall in-
clude only th o s e fireworks that have been cla s sifi e d and r eg i s-
te r e d as •safe and sane ' by the State Fire Marshal.
11 311 2 . No person shall sell f irewo rks within the City
without firstlnaving app li ed f o r and r ece ive d a permit the r efo r
in compliance with the terms o f this o rdinance .
"3113 . Up on receipt o f writ ten applicati on for a permit
pursuant to~s o rdinance, th e Ci ty Manager shall make a n in -
ve stigation and ·submit to the City Council a r e port o f his fin d-
i n gs and his r e commen dation s for o r a gai nst th e issuanc e of a
permit, toge ther with his reas ons therefor. After r eceipt of
such r ecomm e ndati o ns and report , t he City Co uncil shall have the
powe r, in it s discretion, t o g rant o r de ny the a pp licati on. Any
permit grante d by the City Co uncil may be subj e ct to suc h r eason -
able c onditi o ns and r e str i ctions as ma y be Imp osed by the Cit y
Council and such c ond i tions and r es tricti on s s hall be complied
with by the permittee. Th e Council shall r equ ire a cash deposit
with th e City Cl erk in th e sum of $100 .00 fo ~ e ac h 24 fee t in
l e ngth or porti o n thereof , o f the firewo rks stand t o be used b y
t he a p plicant, as a c onditi o n o f granting a pe rmit. Such depos it
shall be refunde d t o the pe rmittee u pon comp liance with Sub-
Section 3118 {1) he r eof , but such depos it shall be f o rfei ted and
retained by the Cit y i n the e vent o f no n-complianc e with s uch
subsection.
"3114. No pe rmit shall be i ss ue d t o an y person except
non-prof it associations o r corporations o r ga ni ze d primarily f o r
ve t e ran, patrioti c, we lfare, c i vi c bet terme nt o r cha ritabl e pur-
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poses . Each such o r ganizati o n mu st have its princ ipal and perma -
nent meet in g place In th e Cit y of Tem ple City an d must have been
organ ized and established in th e area that is within the City of
Temp le Cit y f o r a min imum of tw o yea rs continuousl y pr eceding
the filing o f t he app l icat i on for the permi t and must have a
bona fide membershi p o f at l east tw e nt y (20) members.
"lill· App lications f o r such a perm it :
(a) Shal l be made in writing.
{b) Shall be filed with the Cit y Manager o n or prior
t o May 1 o f each ye ar.
(c)
{d)
{e)
Shall set f o rth the pr oposed l ocat ion of any and
all fi r ewo rks stands applied for, and the l eng th
the r eof .
Shall be accompl is hed by an assura nc e that if the
pe r mit is issued t o app l icant, applicant shall, at
the ti me of r eceipt o f such pe rmit, deliver to the
Ci t y a $25/$50,000 public liab ility a nd a $5,000 .00
propert y damage insurance policy, with a rider at -
tach ed to the po licy , designat i ng t he City as an
additiona l assured the r e under.
Shall be accompanied by a fee of Twenty -Five Do llars.
($25 .00 )
Applicants for any such permits shall be notified by the
Clt y Manager of th e g ranting o r r ejection of their appli cati on
f or permit o~ or before the first da y o f June of each calendar
yea r.
''311 6 . Ea c h such applicati o n shal l show th e foll ow i ng:
(a) Name and address of applicant.
(b) Th e applicant's status as a non-profit o r ganiza t ion.
(c) Th e name and addresses o f the office rs, if an y , of
the app 1 icant.
(d) The l ocat i o n where the app li c ant wi ll sell f irewo rks.
(e ) Whe n the appli c ant was o r ganized and estab li shed .
{f) Th e l ocation o f the a pp licant's principal and
permanent me eting place.
(g) Th e app li cant 's Stat e Bo ard of Equa l izat i o n Sales
Tax Pe rmit Numb e r .
"3117. Th e fo ll ow ing r eg ulati ons s hall be c omplied with
~.n the ope r a ti o n of fireworks stands.
(a) No pe r son o the r than the licensee organizati on shall
ope r ate the stand for whic h the licen s e is i ssued,
o r sha r e o r otherwise part i cipate in the profits of
such stand.
(b) No pers on o th e r than the individuals who are members
o f the li censee o r ganiza ti on, o r the spouses or
adu l t chi l d r e n of such members, shall se ll or o th er -
wise pa rticipate i n the sal e of fi r eworks at such
s t and.
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(c) No pe rson shall be ~aid cons i derat ion for se lli ng
or otherwise partici~ating in the sale of fireworks
at such stand.
(d) Each oe rson , grouo or o rga nizat i o n shall be l imited
to one pe rmit pe r yea r and each oermi t shall be
limited to one stand.
"l.ll§.. AI 1 re ta i 1 sales of 'safe and sane ' firewo r ks
shal 1 be permitted on l y from within a tempo r ary f irewo rks stand,
and the sale from any othe r bui l ding or structu r e is hereby p r o -
h i bited. Such tempo r a r y stands shall be subject to the follow-
ing p r ov i sions.
(a) Fireworks stands need not comply with the provisions
of the Building Code of the City p rov ided , howe ve r,
that all stands shall be erected under the super-
vision of the ins pec tor who shal 1 require that
stands be constructed in a manner which wi 11
reasonably insure the safety of attendants and
patrons, and any s tands constructed shal 1 obtain
an electrical permit from the City of Temple City.
(b) If, in the judgment of the Fire Department or the
bui !ding inspector of the City of Temple City,
the construction of the stands or the conduct of
the ope r ators therein do not conform to the
provisions of this ordinance, suc h office r s, or
either of them, may order the stands i mmediately
closed.
(c) No person shal l be allowed in t he interior of the
stands except those directly employed in the sale
of fireworks.
(d) There shal 1 be at leas t one supervisor, twenty-one
(2 1) years of age or olde r , on duty at all times.
No person under eighteen (18) years of age shall
be allowed Inside the booth at any t i me.
(e)
(f)
(g)
(h)
( i )
( j )
No fi reworks shall rema in unattended at any t i me
rega rdles s of whethe r the fireworks stand is open
for business or not.
No stand s hall be p la ced closer than twenty (20)
feet to any other building.
'NO SMOK ING" s i gns shall be p r ominent l y displayed
both inside and outside the stand . No smoking
shall be pe r mitted within the stand, or with i n
five (S) feet of the stand .
Al l weeks and combustible material shall be clea red
f r om the l ocat i on of the stand. No rubbish sha l l
be a ll owed to accumulate in or around a ny f ire-
works stand, nor shal 1 afi r e nuisa nce be permitted
to exist.
No stand s hall be erected before June 15 t h of any
year. The premises on which the stand is erected
shall be c leared of all structures and debris not
later than noon of the 12th of July fo llowing .
All s tands must be equipped with at least one f ire
extinguisher for each exit in the stand, which fire
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extinguishers must be ap proved as t o ef f icienc y
and safety by the Fire Dep artment.
(k) Each stand in e x cess of twent y -four feet in l ength
must ha ve at l e ast t wo exi ts , and each stand i n e x -
cess of forty feet in l e ngth mu st have at l east three
exits spaced approximate l y equidistant apa rt , pro -
vided, h owever, that in no case s hal l the di stance
between ex its exceed t we nt y feet.
(1) No stand s hall be cons tructed with a depth o f mo re
than t we lve (1 2) feet.
11 311 9 . Section 3100 o f the Te mple Cit y Municipal Co d e
and secti ons-T!.Ol and 12.06 , inclusi ve , o f th e Temple City Fire
Pr even tion Co de are hereby am e nd ed in s o far. as the same are incon •
sistent with Sections 3110 and 3 120 he r eof.
11 31 20 . An y person vi o la t i ng any of the prov i si o ns of
this ord inance-s hall be deemed guil t y of a misdeme anor, and u pon
c onvic t ion the r eof shall be punishable by a fine of no t mo r e t h an
five h undred d o llars ($50 0 .00 ) o r b y impriso nment in t he City
Jail o r Count y Jail of Los Angeles Co unt y f o r a peri od of not
m re than six (6 } mo nths o r b y bo th such fin e and imprisonment."
PASSED AND ADOPTED b y the City Cou nci I of the City of
Temp le City at a re gular meet ing the r eof h e ld t h is 27th day of
March 196 1, by the f o ll ow ing ca ll ed vote:
ATTEST:
AYES :
NOES:
Co un ci lme n-Buchan, Dic kason, Merritt , &
F itzjohn
Co uncilmen-Tyre l 1
ABSENT: Co uncilmen-
STATE OF CAL I FORN IA
COUN TY OF LOS ANGE LES ss
CIT Y OF TEMP LE CITY
I, Ma rj o rie A. Woodruff, do hereby ce rt ify t hat I have been du l y
appointed Deputy City Cle rk of the Ci ty of Temple City , Ca l ifor n ia,
and that the foregoing Ordi nance No . 61-37 was Introduced at a
regula r meeting of the City Councl 1 held on Februa r y 27 , 1961, and
adopted at a regular meeting of the City Counci l held on March 27,
1961, by the fo ll owing rol l ca l l vote :
AYES: Counc i I men -Buchan, DIckason, Me rr itt, F I tzjohn
NOES : Councilman-Tyrel l
ABSE NT: Council men-None
Dated : Ma r c h 27, 1961
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ATTACHMENT 8
ORDINANCE N0.11-943
AN ORDINANCE OF THE CITY COUNC IL OF THE CITY OF TEMPLE
CITY , CALIFORNIA, AMENDING S ECTI O N 3114(C ) OF THE TEMPLE
CITY MUNI CIPAL CODE RELATIN G TO FIREWORKS PERM ITS
WHEREAS, Section 3114(C ) of the Temple C ity Mu nicipal Code lim its the number of fireworks
permits that may be granted annua ll y to twelve perm its; and ,
WHEREAS, organ izations that have received an annua l fireworks permit are e ntitled to obtain a
fi reworks permit for the subsequent year, provided that the organization meets all of the qualifications and
requ irements ofTemple City Municipal Code Sections 3106 throug h 3118; and ,
WHEREAS, in the event tha t less than twelve prev io usl y pe rmitted organizations seek a n annua l
fireworks permit in any given year,
th e Code provides that applications from new organizations will be considered on a first come , first serve
basis ; and ,
WHEREAS , the City Council des ires to change the process of granting a fireworks pe rmit in the
event of a vacancy to a lott ery system .
THE CITY COUNCIL OF THE CITY OF TEMPLE C ITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Section 3114(C) of the ·Temple City Municipal Code is hereby am end ed 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 fi reworks permit during
the previous year . If there are any remain ing available fi reworks permits after those
seekin g 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 , subsectio n,
paragraph , sentence, clau se, ph rase , or word of th is Ordinance or any part thereof, be rendered or declared
invalid or unconstitutional by any final court action in a court of com petent juris diction or by reason of any
preemptive legislation , such decision or action shall not affect the valid ity of the remaining section or portions
of the Ordinance or part thereof. The C ity Co un ci l hereby declares that it wou ld have independently adopted
the remain ing provisions, sections, subsections , paragraphs , sentences , clauses , phrases , or words of th is
Ordinance irrespective of the fact that any one or more provisions , sections , subsections, paragraphs,
sen tences , c lauses , phrases , or words may be dec la red invalid or unconstitutional.
SECTION 3: The C ity Clerk shall certify to the passage and adoption of this Ordinance and to its
approval by the Mayor and shall cause the sa me to be published acco rd ing to law.
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PASSED , APPROVED, AND ADOPTED th is 15th day of March , 2011 .
ATTEST: A PPROVED AS TO FORM :
I , Mary Flandrick, City Clerk of the City of Temple City, hereby certify that the forego ing Ord inance No. 11-
943 was introduced at the regular meeting of th e City Council of the C ity of Temple City held on the 151 day
Marc h 2011 , and was duly passed , approved and adopted by said Council at the regular meeting held on the
15th day of March 2011 by the following vote :
AYES :
NOES:
ABSENT:
ABSTAIN :
Councilmember-Bium , Sternquist, Yu, Chavez
Cou ncilmember -None
Council m ember -Vizcarra
Counci lmember-None
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