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Home My Public Portal About07) 7E Permits to Sell Fireworks 2018 SeasonAGENDA ITEM ?.E. COMMUNITY DEVELOPMENT DEPARTMENT DATE: TO: FROM: MEMORANDUM April17, 2018 The Honorable City Council Bryan Cook, City Manager Via: Michael D. Forbes, Community Development Director By : Jennifer Venters , Planning Secretary SUBJECT: APPROVAL OF PERMITS TO SELL FIREWORKS FOR THE 2018 SEASON RECOMMENDATION: The City Council is requested to approve nine applications for fireworks permits for the 2018 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 30, 2018, staff received nine permit applications by this season's deadline from organizations that met the permit requirements. Of the applications received, seven permit applicants are repeats from the previous year, and two applicants are from new organizations. ANALYSIS: For the 2018 fireworks season, staff received nine applications , including seven applications from organizations that were approved during the 2017 season, and two from new organizations (Temple City Amateur Softball Association and Temple City City Council April 17, 2018 Page 2 of 3 American Little League). As set forth in Municipal Code Section 3-1-13 no more than 12 fireworks 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 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 First Methodist Church of San Gabriel Valley 5957 Golden West Ralph 's ParkinQ Lot 9470 Las Tunas Dr. Knights Of Columbus 5605 Cloverly Ave. K-Mart Parking Lot 5665 Rosemead Blvd . Temple City Aquatics Foundation 9501 Lemon Ave. Super A Parking Lot 5585 Rosemead Blvd . SGV Family Dentist Temple City Amateur 10144 Bogue St. Parking Lot 6503 Rosemead Blvd . Softball Association Temple City Grad Nite 9501 Lemon Ave. Auto Zone Parking Lot 6328 Rosemead Blvd. Temple City High Las Tunas Dr. and Oak School Band 9501 Lemon Ave. 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. Student Parking Lot 9501 Lemon Ave. 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. FISCAL IMPACT: This item will not have an impact on the Fiscal Year (FY) 2017-18 City Budget. CITY STRATEGIC GOALS: Approval of permits to sell fireworks for the 2018 season will further the City's Strategic Goal of Economic Development. I I I ATTACHMENT A ORDINANCE NO, 61-37 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 FIREWORKS \11TH IN THE CITY OF TEMPLE CITY, AND REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREI~ITH THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: SECTION 1, The Municipal Code of the City of Temple City Is hereby amended by adding Section 311D through and includ- Ing Section 3120, said sections to read as follows: "3110, Notwithstanding the provisions of sections 12.01 to 12,06 of-me Fire Prevention Code, being Ordinance No •. 2947 of the County of Los Angeles, adopted by reference as the Temple City Fire Prevention Code by Section 3100 of the Temple City Mun- Icipal Code, safe and ·sane fireworks as defined by Section 1250~ of the Health and Safety Code of the State of Cal ifornla, may be sold and discharged within the City of Temple City during the period beginning at 12t00 o'clock noon on the 30th day of June and ending at 12t00 noon on th.e 5th of July of each year pursuant to the provisions of this ordinance and not otherwise. "3111. No fireworks shall be sold or offered for sale or discharg6cl'Within the City which are classified as dangerous fireworks, as that term Is defined by the Health and Safety Code of the State of Cal I fornla, Safe and sane fl reworks shall In• clude only those fireworks that have been classified and regis• tered as 'safe and sane' by the State Fire Marshal. "3112, No person shall sell fireworks within the City without firstliaving applied for and received a permit therefor In compliance with the terms of this ordinance. "3113, Upon receipt of written application for a permit pursuant to-rhrs ordinance, the City Manager shall make an In- vestigation and·submit to the City Councl 1 a report of his find- ings 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 shal I have the power, In Its dIscretIon, to grant or deny the app 11 cat I on. Any permIt granted by the CIty Counc I I may be subject to such reason• able conditions and restrictions as may be imposed by the City Council and such conditions and restrictions shal I be complied with by the permittee, The Councl 1 shall require a cash deposit with the City Clerk in the sum of $100.00 fo~ each 24 feet In length or portion thereof, of the fireworks stand to be used by the applicant, as a condition of granting a \'ermlt, Such deposit shall be refunded to the permittee upon comp lance with Sub- Section 3118 (1) hereof, but such deposit shall be forfeited and ret a I ned by the CIty In the event of non•i::omp I I ance wIth such subsection, 11 3114. No permit shall be Issued to any person except nonMprofit iSSOclatfons or corporations organized prlmarl 1y for veteran, patriotic, welfare, civic betterment or charitable pur- ·1- B9 I poses, Each such organization must have Its principal and perma- nent meeting place In the City of Temple City and must have been organized and establIshed In the area that Is within the City of Temple City for a minimum of two years continuously preceding the filing of the application for the oerml t and must have a bona fide membership of at least twenty (?.0) members. "ll!J.. Applications for such a permit: (a) Sha II be made In wrIting, {b) Shall be filed with the City Manager on or prior to May 1 of each year, (c) Shall set forth the proposed location of any and all fireworks stands appl led for, and the length thereof, (d) (e) Shall be accomplished by an assurance that If the permit Is Issued to applicant, applicant shall, at the tIme of receIpt of such permIt, de II ver to the City a $?.5/$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 Twenty-Five Dollars, ($25,00) 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 the first day of June of each calendar year. "3116, Each such appl !cation shall show the following: {a) Name and address of applicant. (b) The applicant's status as a non-profit organization. (c) (d) (e) ( f) (g) The name and addresses of the officers, If any, of the app II cant, The location where the applicant will sell fireworks, When the applicant was organized and established, The location of the applIcant's principal and permanent meeting place. The appl !cant's State Board of Equal lzatlon Sales Tax Permit Number, "3117. The following regulations shall be complied with .;l.n the operat1on of fireworks stands, (a) (b) No person other than the 1 lcensee organization shall operate the stand for .vhlch the license Is Issued, or share or otherwise participate In the profits of such stand. No person other than the Individuals who are members of the 1 fcensee organization, or the spouses or adult children of such members, shal I sell or other- wise participate In the sale of fireworks at such stand, -2- 90 I I I ------------~-~--~- ATTACHMENT B 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 limits the number of fireworks permits that may be granted annually 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 meets all of the qualifications and requirements ofTemple City Municipal Code Sections 31 06 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 basts; and, WHEREAS, the City Council desires to change the process of granting a fireworks 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 theTemple 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. 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." 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 declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences; clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 3: The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. RlV #41'\48·8543·8984 vl DRAF'I' - 1 - PASSED, APPROVED, AND ADOPTED this 15\h day of March, 2011. ATTEST: 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 of the City of Temple City held on the 1'1 day March 2011, and was duly passed, approved and adopted by said Council at the regular meeting held on the 151 h day of March 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmember-Bium, Sternqulst, Yu, Chavez Councilmernber-None Councilmember-Vizcarra Councilmember-None IUV #4848-8543-8,84 vI DI1AFT I I I