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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 I I I 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- -1- 89 I I 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, -2- 90 I I I 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. Rl V #4848-8543-898 4 v l DRAFT -1 - 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 R!V #4848-8543-8984 v l DRAF'I' I I I