HomeMy Public PortalAbout05) 7C Approval of permits to sell fireworks for the 2017 seasonAGENDA
ITEM ?.C.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE:
TO:
FROM:
MEMORANDUM
April 18, 2017
The Honorable City Council
Bryan Cook, City Manager
Via : Michael D . Forbes , Community Development D i rector ~
By: Jennifer Venters , Planning Secretary
SUBJECT: APPROVAL OF PERMITS TO SELL FIREWORKS FOR THE 2017
SEASON
RECOMMENDATION:
The City Council is requested to approve ten applications for fireworks permits for the
2017 season .
BACKGROUND:
1. On March 27 , 1961 , the City Council adopted Ordinance No. 61 -37 amend ing t he
Temple City Municipal Code to allow the sales and use of safe and sane f irewo rks
with in the City of Temple City and to require a permit to sell f ireworks , subje ct to
approval by the City Council (Attachment "A ").
2 . On March 15, 2011 , the City Council adopted Ordinance N o. 11 -943 amend i ng the
fireworks permit procedure to address the order in which fireworks perm its are
issued and giving priority to organizations seeking a repeat permit (Attachment
"B").
3. On March 30, 201 7 , staff received ten permit appli cations by th is season 's
deadline from organizations that met the pe rmit requirements . Of the appl icat ions
re c eived , nine permit applicants are repeats from the previous year, and on e
applicant is from a new organization .
ANALYSIS:
For the 2 01 7 fireworks season , staff rece ived ten applic ations , in cl ud ing n ine
applications from organizations that were approved during the 2 0 16 season , and one
from a new organization (PAC E, Inc.). As set forth in Muni c ipa l Code Section 3-1-13 no
City Council
April 18, 2017
Page 2 of 3
more than 12 fireworks stand permits are issued per seaso n to non-profit associ ati ons
or corporations organized primarily for veteran , patriotic , welfare , civi c betterment or
charitable purpose . The code also regulates permit appl icat ion procedures ,
qualifications of permittees , and operation of stands .
Listed below are the organizations that have submitted app lic ations and the lo cation of
each organization 's proposed stand :
Organ izat ion Organ ization Address Stand Location Stand Address
First Methodist Chu rch
of San Gabri el Valley 5957 Golden West Ralph's Parking Lot 9470 Las Tunas Or .
Knights Of Columbus 5605 Cloverly Ave. K-Mart Pa rking Lot 5665 Rosemead Blvd.
PACE , Inc. 11 0 18 Fre er St. 7 -Eleven Parkin g Lo t 6246 Rosemead Blvd.
Temple City Aquatics
Foundation 5901 Lemon Ave. Super A Pa rking Lot 5585 Rosemead Blvd .
SGV Famil y Dentist
Temple C ity AYSO 10144 Bogue St. Parking Lot 6503 Rosemead Blvd .
T em ple City Grad Nite 9501 Le mon A ve. Auto Zone Pa rking Lot 6328 Rose m ead Bl vd.
Temple C ity High La s T unas Or. and Oak
School Band 950 1 Lem on Ave. A ve . Parking lot 9441 Las Tunas Or.
Temple C ity Immanuel
C hurch 9953 La s Tunas Or. Church Parking Lot 9945 La s Tunas Dr.
Temple C ity
Ramrodders 9501 Lemon Ave. St udent Parking l ot 950 1 Lemon Ave .
Temple Station Sheriff
Explorers Post #250 8838 Las Tunas Dr. 7 -Eleven Parking Lot 4800 Temple C ity Blvd.
City Council approval of th is request will allow the non-profit organizations and groups
to raise funds to support their respect iv e activities .
FISCAL IMPACT:
This item will not have an impact on the Fisca l Year (FY) 2016-17 City Budget.
CITY STRATEGIC GOALS:
Approval of permits to sell f i reworks for the 2017 season w i ll further the C ity 's Strategic
Goal of Economic Development.
City Council
April 18, 2017
Page 3 of 3
ATTACHMENTS:
A. Ordinance No . 61-37
B. Ordinance No . 11-943
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ATTACHMENT A
ORDINANCE NO . 6 1-37
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY AMENDING THE TEMPLE CITY MUNI-
CIPAL CODE RELATIVE TO THE SALE AND USE OF
FIRE WORKS WI THIN THE CITY OF TEMPLE CITY, AND
REPEALI NG All ·OTHER ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN
AS FOLLOWS:
SECTION 1. The Municipal Code of the City of Temp l e
City is hereby amend ed by adding Section 3110 through and includ-
ing Section 3120, said sections to read as follows:
11 3110. Notwithstanding the provisions of sections 12.01
to 12.06 of~ Fire Prevention Code, being Ordinance No •. 2947 of
the County of Los Angeles, ad opted by reference as the Temple
City Fire Preventi on Code by Section 3100 of the Temple City Mun-
icipal Code, safe and ·sane fireworks as defined by Section 12504-
o f the Health and Safety Cod e of the State of Cal 1fornia, may be
sold and discharge d within the City of Temple Cit y during the
period beginning at 12:00 o 'cl ock noon on the 30th day of June
and ending at 12:00 noo n on th~ 5th of Jul y of each year
pursuant to the pr ovisions of this ordinance and not othe r wise.
11 3111. No f!reworks sha ll be sold or o ffered f o r sale
or dischargeorwithin the City which are classified as danger o us
fireworks, as that t erm is defined by the Health and Safety Code
of the State of California. Safe and sane fireworks shall in-
clude only those fireworks that have been classifi ed and r egis -
tered as safe and sane' by th e State Fire Marshal.
11 3112. No person shall sell f ireworks with in the City
without firsr-naving applied for and r ece ived a permit therefo r
in compliance with the terms of this o rdinance.
"3113. Up o n r eceipt of written applicati on for a permit
pu rsuant to-rnls o rdinance, the City Manager shall make an in -
vestigation and ·submlt to the City Co uncil a r eport o f his find-
ings and his recommendations for or against the issuance of a
pe rmit, t ogether with his r easons therefor. After receipt o f
such rec ommendations and report, the City Council shall have the
powe r , in its discretion, t o g rant o r deny the applicati on . An y
permit granted by the City Council may be subject t o such r eason-
able condit i ons and rest rictions as may be Imp o sed by th e Cit \'
Council and such conditions and restrictions shall be complied
with by the permittee. The Council shall r equ ire a cash de po sit
with the City Cl e rk In the sum of $100,00 fo~ each 24 feet in
l ength or portion thereof, of the fireworks stand t o be used by
th e applicant, as a c ondition of granting a permit. Such depo sit
shall be refunded t o the permittee up on comp liance with Sub-
Sect i on 3118 (1) hereo f, but such dep os it shall be f o rfeited and
retained by the Cit y In the event o f non-compliance with s.uch
subsecti on,
11 3114. No permit sha ll be Issued t o any pers on exce p t
non-profit associati ons or corporations organized primaril y f o r
veteran, patriotic, welfare, civic betterme nt o r charitab l e pur-
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poses. Each such organization must have its principal and perma-
nent meeting place In the City of Tem ple City and must have been
o rganized and established in the area that is within the City of
Tem ple City for a minimum of two years continuously preceding
the filing of the application for the pern1it and must have a
bona fide membership of at least twenty (20) members.
11 3115. Applications for such a permit:
(a) Shall be made in writing.
(b) Shall be filed with the City Manager on o r prior
to May 1 of each year,
(c)
(d)
(e)
Shall set forth th e pr o posed locat ion of any and
all fireworks stands app l ied for, and th e length
thereof.
Shall be accomplished by an assurance that if the
permit is issued to applicant, applicant shall, at
the time of receipt of such permit, deliver to the
City a $25/$50,000 public liability and a $5,000.00
property damage insurance policy, with a rider at-
tached to the policy , designating the City as an
additional assured thereunder,
Shall be accompanied by a fee of Twent y-Five Dol lars .
($25.00)
Applicants for any such permi ts shall be notified by the
Cit y Manager of the granting or r eject ion of their application
fo r permit o~ or befo re the first da y o f June of each calendar
yea r,
"3116 . Each such application shall show the f o ll ow ing:
(a) Name and address of applicant.
(b) The applicant's status as a non-profit organization.
(c) Th e name and addres se s o f the officers, if an y , o f
the app 1 i cant.
(d) The location where the applicant wi ll sell fireworks.
(e) When th e applicant was o rgani zed and established.
(f) Th e l ocation of the a pp licant's principal and
permanent meeting place.
(g) The applicant's State Board o f Equalization Sales
Tax Permit Number.
"3117 . The fol l owing regulations shall be complied with
.~.n the operation of fireworks stands .
(a) No person other than the licensee organization s hall
o perate the stand for wh ich the license is issued,
or share or otherwise participate in the profits of
such stand,
(b) No person other than the individuals who are members
of the licensee organization, or the s pouses o r
adu l t children of such members, shall se ll or other-
wise participate in the sale of firewo r k s at such
stand,
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ATTACHMENT 8
ORDINANCE NO. 11-943
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, AMENDING SECTION 3114(C) OF THE TEMPLE
CITY MUNICIPAL CODE RELATING TO FIREWORKS PERMITS
WHEREAS, Section 3114(C) of the Temple City Municipal Code lim its the number of fireworks
permits that may be granted annuall y to twelve permits; and ,
WHEREAS , organizations that have received an annual fireworks permit are entitled to obtain a
fireworks permit for the subsequent year, provided that the organization m eets all of the qua lifications and
requirements ofTemple City Municipal Code Sections 3106 through 3118; and,
WHEREAS, in the event that less than twelve previously permitted organizations seek an annual
fireworks permit in any given year ,
the Code provides that applications from new organizations will be considered on a first come , first serve
basis; and ,
WHEREAS, the City Council desires to change the process of granting a fi reworks permit in the
event of a vacancy to a lottery system.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1 : Section 3114(C) of the Temple City Municipal Code is hereby amended to read in its
entirety as follows :
"C . No more. than twelve (12) fireworks permits shall be issued in any year. Firewo rks
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 remain ing permits shall be distributed
by lottery."
SECTION 2: The City Council hereby declares that, should any provision , section , subsection ,
paragraph , sentence , clause, phrase, or word of this Ordinance or any part thereof, be rendered or decla red
invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any
preemptive legisl ation , such decisio n or action shall not affect the validity of the rema ining section or portions
of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted
the remain ing provis ions, sections, subsections, paragraphs , sentences , clauses, phrases, or words of this
Ordinance irrespe ctive of the fact that any one or more provisions , sections, subsections , paragraphs,
sentences , clauses , phrases , or words may be declared in v alid or unconstitutio nal.
SECTION 3: The C ity Clerk shall certify to the passage and adoption of th is Ordinance and to its
approval by the Mayor and shall cause the same to be published according to law.
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PASSED, APPROVED, AND ADOPTED this 15th day of March , 2011 .
ATIEST: APPROVED AS TO FORM :
I, Mary Flandrick, City Clerk of the City of Temple City , hereby certify that the foregoing Ordinance No. 11-
943 was introduced at the regular meeting of the City Council o f the City of T emple City held on the 1st day
March 2011 , and was duly passed , approved and adopted by sa id Council at the regular meeting he ld on the
15th day of March 2011 by the following vote :
AYES :
NOES:
ABSENT:
ABSTAI N:
Councilmember-Bium, Sternqui st, Yu, Chavez
Councilmember-None
Cou ncilmem ber -Vizcarra
Councilmember-None
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