R 3220
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RESOLUTION NO. 3220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ESTABUSHING FEES AND CONDITIONS FOR THE
GRANTING OF PERMITS FOR THE SALE OF SAFE AND SANE
FIREWORKS
WHEREAS, the City Council of the City of Arroyo Grande ("City") has enaded
Ordinance No. 472 C.S. establishing rules and regulations concerning the sale
and use of safe and sane fireworks (hereinafter IIfJreworks"); and
WHEREAS, Ordinance No. 472 C.S. provides that the City Council shall, by
resolution, establish appropriate fees and conditions for the granting of pennits
for the sale of fireworks within the City; and
WHEREAS, the City Council has made certain findings regarding the costs
associated with the sale and use of fireworks.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
1. FINDINGS: The purpose of the fireworks permit fee is to protect the
public health, safety and welfare by mitigating the impact that the
issuance of permits for the safe of fireworks will have' on public
services within the City, and to pay for the additional cost of such
services.
2. COST ESTIMATES: The Estimated cost of services and facilities to
be funded with the fees established by this Resolution are set forth. in
Exhibit II A: attached hereto and incorporated herein.
3. AMOUNT OF FEE AND TIME OF PAYMENT: The amount of the fee
for the issuance of permits for the sale of fireworks shall be set forth in
Exhibit "8" attached hereto and incorporated herein. Said fee shall be
paid by the applicant for a permit prior to the issuance of a pennil
4. INSURANCE: As a condition to the issuance of a permit, the applicant
shall furnish to the Director of the. Department of Building and Fire a
policy of public liability and property damage insurance with a
. deductible acceptable to the Director of the Department of Building
and Fire with limits in the amount of $1,000,000 for each occurrence.
Said insurance policy shall include produd and complete aggregate
liability of $1,000,000 per each oca.urence. The City and its officers,
directors, and employees shall be named as additional insureds under
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Resolution No. 3220
Page 2
such public liability policy. Such insurance policy shall include a
provision that the insurer will not cancel the coverage without thirty
(30) days prior written notice to the Director of the Department of
Building and Fire.
5. APPLICATION FEE: Each application shall be accompanied by a $75
application fee. If a permit is issued, the $75 will be credited towards
the permit fee. Should a permit not be issued, the $75 shall be
refunded.
On motion of Council Member Lad y . seconded by Council Member
..Fuller and on the following roll call vote, to wit
AYES: Council Members Lady, Fuller, Tolley, Runels, and Mayor Dougal~
NOES:None
ABSENT: None
the foregoing Resolution was passed and adopted this 2 2nd the day of
April ,1997.
ATTEST: 71~~ a. ~
NANCY A VIS, CITY CLERK
APPROVED AS TO FORM:
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Resolution No. 3220
Page 3
APPROVED AS TO CONTENT:
Rv [{(.-L. 1fu.1.J I ""
ROBERT L. HUNT, CITY MANAGER
I, NANCY DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify that the following Resolution No.
is a true, full and correct copy of said Resolution passed and adopted at a
regular meeting of said Council on the22rxtiay ofJ.p::il1997.
WITNESS my hand and the seal of the City of Arroyo Grande affixed this25thday
April ,1997.
ilt1!t$o. ~,
NANCY A. D IS, CITY CLERK
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EXHIBIT B
SALE OF SAFE AND SANE FIREWORKS
. Maximum number of permits - Sec. 7804. 3(4): 1 permit per each 3,000
residents of the City or fraction thereof, based on official City, census:
15,495 - current population estimate + 3,000 = 5.165 or 6 permits
. $3,537.74 Total Cost (Exhibit A) + 6 permits = $589.62
. Cost for a sale of fire'NOrks permit = $590
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RULES AND REGULATIONS RELATING TO THE UCENSING AND OPERATION.
OF FIREWORKS STANDS IN THE CI1Y OF ARROYO GRANDE
1. A permit is required from the State Fire Marshal's Office before a City Permit may be
issued.
2. Applications for the City fireworks permit consideration must be accompanied by a $75
filing fee and applications may not submitted prior to 8:00 a.m. April 1st no later than May
15th of the year for which the permit is requested. Exception: 1996 April! Oth - May .
22nd.
3, A permit is required from the Arroyo Grande.Department of Building and Fire for storage
and handling of fireworks.
4. Such permit shall be issued only to local charitable or nonprofit civic or patriotic groups or
organizations that are incorporated pursuant to State law or are chartered by a State or
national organization. "Local" shall mean having principal offices in or having conducted
meetings regularly in this City for not less than three years immediately preceding the
granting of said permit and having a bona fide membership of not less than IS members.
A complete roster of the organization including names and addresses of aD members, must
be submitted to the Director of Building and Fire at the time offiling the application for
consideration, or the appli~on will not be accepted.
5. No organization may receive more than one permit for fireworks sales during any one
calendar year. One permit may be issued to two or more qualifying applicants as a joint
venture. The maximum number of permits which may be issued shall be 5 dwing calendar
year 1996. If the number of applications exceeds the number of permits to be issued,
permits shall be granted by a drawing supervised by the Director of Building and Ftre and
the City Clerk.
6. Retail sales of fireworks shall be made only ftom temporary fireworks stands. Sale of
fireworks ftom any other building or structures is prohibited. Temporary stands will be
subject to the following provisions:
a. No fireworks stands shall be located within 50 feet of any other building, withiD
100 feet of a gasoline or other type of flammable fuel pump or storage area, within I
500 feet of another fireworks stand or less than 1/8 of a mile ftom the City's
boundary with another jurisdiction.
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b. All fireworks stands shall be erected or constructed on commercial or industrial
zoned property, No fireworks stands will be constructed or erected on residential
property.
Rules & Regulations 1
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c. FIreWorks stands need not comply with the Building Code of the City.
Stands requiring electrical service shall be required to obtain an electrical
permit from the Building and Life Safety Division. Portable generators
. shall not be permitted. Stands shall be constructed or erected ina manner
that will reasonably insure the safety of attendants and patrons. The
stands shall be subject to inspection by representatives of the Department
of Building and Fire at any time.
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d. Each stand shall have a minimum of two marked exits or as otherwise
directed by the Director of Building and Fire.
e. Each stand shall have a minimum of 2 fire extinguishers of a type
designated by the Director of Building and Ftre.
7. No permit shall be issued unless the applicant represents that applicant (through its
members) will operate such stand and will not use or hire independent contractors
or non-members in connection herewith. On any violation of such representation,
the Director of Building and Fire may revoke such permit or may refuse such ,
permit in subsequent years. The spouses, parents and children (see next paragraph
for age requirements) may help staff the fireworks stand of each ~7'21'ion as
long as one member of the family is a bona fide member of the club. In joint
operations by two or more organizations, each OIW'n17-8-VOn must operate a pro
rata share.
8. No person under the age of 18 years s~ be allowed to work a stand as
interpretation of the statutes by the California State Attorney General's Office.
9. The use of sound amplification equipment "shall not be permitted. All advertising is
subject to the regulation of the Comnnmity Development Department.
10. All fireworks must be of a type approved as "safe and sane" fireworks by the
California State Fire Marsha}7 s Office with the marking of the State Fire Marshal's
seal, otherwise vendor shall be subject to prosecution and all illegal fireworks shall
be confiscated (Health and Safety Code Sections 12505, 12700, 121702, 121721
and 121722)
11. It is unlawful for any person who is a retailer to sell or transfer any "safe and sane"
I fireworks to a person who is under 18 years of age.
12. Any person violating any of the provisions of the State Fireworks law is guilty of a
i misdemeanor and may be punished by a fine of $500 to $1,000 or by imprisomnent
in the County Jail for a period of time not exceeding one year or both by such fine
and imprisonment.
Rules & Regulations 2
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13. A person is guilty of a separate offense for each day of violation. (Health and
Safety Code Section 12701)
14. A permit is subject to immediate revocation for noncompliance with any of the
. provisions of the Health and Safety Code, Div. XI, Pmt 2, State ofCalifotnia (
. and/or Article 78 ofth~ Uniform Fire code as amended by the City of AIToyo
Grande. I
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15. OTHER REQUIREMENTS:
(a) An application shall be accompanied by a filing fee of $75 payable to the
City of Arroyo Grande.
(b) Each stand shall provide temporary sanitary tacilities or obtain permission
to use either private or public facilities during the hours of operation.
Proof of sanitation facilities shall be documented in written form.
'(c) All weeds, trash, and debris shall be cleared for a distance of at least
twenty-five (25) feet surrounding the fireworks stand.
(d) Doors of the stand shall not be locked on the outside of the door while
anyone is inside the stan4. The door may be latched in such a manner that
will not cause any undue delay to anyone exiting in an emergency.
(e) An aisle or passageway in the fireworks stand will be kept clear and
unobstructed so as not to impede anyone leaving the stand in an
emergency.
(f) The use of electrical or fuel operated heaters in the fireworks stand is
prohibited.
(g) The temporary fireworks stand will be dismantled and removed trom its
location not later than the Sunday of the weekend following the 5th of July
of each year. It shall be the responsibility of the permitee to remove the
stand. If the removal of the stand is not accomplished by this desclHne, the
~ City of Arroyo Grande may remove and store it at permitees' cost and
expense until it is redeemed by the payment of appropriate fees and interest
thereon. In addition, the permitee failing to meet this deadline will be
ineligible for a permit the following year.
(h) Each stand shall have adequate temporary parking acceptable to the
Director of the Department of Building and FIre.
Rules & Regulations 3
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16. DATES OF SALE:
No fireworks shall be sold or offered for sale within the City. exc~t during the period
. from 9:00 a.m. July 1st through 9:00 p.m. July 4th. Sales during this period shall be
limited to 9:00 a.m. to 9:00 p.m. each day.
17. SPECIAL INSTRUCTIONS:
(a) Excepting sales window, each stand must be covered with 1/4" mesh wire.
(b) "No Smoking" signs must be displayed.
(c) A shelf must be installed (at counter window) extending inward a minimum' of 6
inches to protect stack trom sources of ignition and to prevent public from
touching same.
(d) Trash and debris shall not be allowed to accumulate in and around stands.
(e) All unsold stock shall be returned to the wholesaler or manufacturer no later than
9:00 a.m. July 5th.
(t) The Director of Building and Fire, or his designated assistant, may impose
additional regulations for the prevention of fire when necessary.
(g) No low voltage battery systems will be allowed.
Rules & Regulations 4
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. · C!ity of
c;:/f'r.'toyo . g'f..an.dE. P;O. Box 922
San Luis Obispo. CA
93406
ROGER LYON Phone (805) 541-2560
City Attorney FAX(805)543-385Z~
M:iJ' 30, 1996 ~
TIM CARMEL
Assistant City Attorney
FAXlm
MEMORANDUM
TO: ROBERT 1. HUNT, City Manager
FROM: 11IIlothy J. Carmel, Assistant City Attorney ~ ~
RE: Fireworks Ordinance - Pennit Renewal Issues
As a follow-up to our conversation regarding the above-referenced matter, our review of
the Ordinance indicates that applicants seeking a renewal of a peniUt to sell fireworfs receive no
preferential treatment.
Pursuant to Section 7804.3, Parngraph 2 states:
An applicanl seeking renewal of a permiI musr have filed a 1im:mrks srand.
finandal stalement" form provided l1y the CllJ. This fonn must be filed on or
before October 31st of the year preceding the year of the proposed renewal.
An applicant seeJdng. renewal of a permit musr also certifJ that at ieastftfty-percenr
. (50%) oj the prior year~s lII!I profits from the sali of .fireworks were. apemkd for
the be1ll!jit of the CllJ or its residents. Failure to so certifJ shall cause such
renewal application to be denied.
Section 7804.3, Paragraph 4 states:
1he marimum number ofpermils shall be based on one (1) permilfor each 3,(J()()
residents of the city or fraaion diereo/, based. on the official cily census. Should
~ number of applicarions exceed the number of available pennirs, a drawing shall
be cond.uaed. l1y the city clerk and the available per:rzits issued to ~e organiza-
lions draWn..
Please call if you have any questions.
TJC:ar
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