City of El Centro

Fireworks Checklist & Important Dates Community Development Department

1275 W. Main Street El Centro, CA 92243

Telephone: (760) 337-4545 Below is a list of items to submit with your Fireworks Temporary Use Permit Application. Before submitting the Application to the Community Development Department, please ensure that items (1-6) are attached to your Application. 1. Temporary Use Permit Application signed by the Authorized Officer or Director for nonprofit organization

2. Eight (8) copies of the Site Plan Form

3. Affidavit signed by the Authorized Officer or Director for nonprofit organization

4. Proof of being a nonprofit, and demonstrating tax exempt status (i.e. IRS Determination Letter)

5. Payment in the amount of One Hundred Eighty One ($181.00) dollars non-refundable for permit

processing

6. Proof of a City of El Centro Business License (Business Licenses are free of charge to nonprofits).

After items 1-6 (above) are submitted and reviewed by City Staff, Staff will approve or deny the application. If the number of Qualified Applicants for Fireworks Sales Permits exceeds the four (4) Fireworks Sales Permits available for issuance, the Fire Chief will conduct a drawing. If your nonprofit organization or group is selected, you will also need to provide or complete the following: 7. One (1) copy of Property Owner or Lessor Consent Form

8. Certificate of Endorsement evidencing a policy of public liability and property damage insurance naming

the City as an additional insured thereunder, with minimum limits of one million dollars ($1,000,000.00)

per occurrence and two million dollars (2,000,000.00) aggregate.

9. Payment in the amount of three hundred dollars ($300.00) for Fireworks Sales Permit

10. Payment in the amount of Two hundred ($200.00) dollars refundable clean up deposit

11. Attend at least one (1) fireworks safety training by June 15, 2014

12. A copy of the retail fireworks license issued by the Office of the California State Fire Marshal (Application

to the State Fire Marshal is due June 15, 2014)

13. A copy of the State Board of Equalization temporary sales tax permit

IMPORTANT DATES TO CONSIDER

Temporary Use Permit Application Submittal- April 7, 2014 – May 7, 2014

Temporary Use Permit Application Deadline- May 7, 2014

Fireworks Permit Drawing (if more than 4 applications are received)- May 21, 2014

Application to State Fire Marshal Deadline- June 15, 2014

Safety Training Date- To Be Announced

Fireworks Stand Erection- June 26, 2014 – July 5, 2014

Retail Sales Period- June 28, 2014 – July 5, 2014

State Board of Equalization Report Due to City Clerk- November 1, 2014

Revised Fireworks TUP Application 04.02.14 Page | 1

T.U.P. No. Processing Fee: $181.00

Date Filed: Application Due: May 7, 2014 no later than 5 PM Received By:

CITY OF EL CENTRO COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING & ZONING DIVISION APPLICATION FOR TEMPORARY USE PERMIT FOR FIREWORKS SALES

Application is hereby made to the City of El Centro, County of Imperial, State of California, for a Temporary Use Permit as set forth under Chapter 29, Article IV, Division 5 of the City Code of the City of El Centro, California, as amended. This Temporary Use Application is specifically for firework sales. Before completing the Temporary Use Application, review the Fireworks Ordinance attached hereto.

NONPROFIT ORGANIZATION: Name of Organization Principal and Permanent Meeting Address Status of Organization (Religious, Charitable, etc.) [Attach copy of 501 (c)(3) status) or 23701d designation] INDIVIDUAL IN ORGANIZATION APPLYING FOR THIS PERMIT: Name Title Telephone No. ( ) Mailing Address Name of Property Owner(s) (if different from above) Mailing Address Telephone No ( ) LIST THREE (3) PRINCIPAL OFFICERS OF THE ORGANIZATION IN ORDER OF PREFERENCE: Name Title Address 24-Hour Contact

Phone Number 1.

2.

3.

Revised Fireworks TUP Application 04.02.14 Page | 2

FIREWORKS DISTRIBUTOR/WHOLESALER INFORMATION : This information is optional. Please provide this information only if you know who the distributor/wholesaler will be. Company Name Address Contact Person Telephone No ( ) DESCRIPTION OF PROJECT SITE: NOTE: Fireworks stands shall be located in the CH, heavy commercial, CG, general commercial, MG, general manufacturing, and ML, light manufacturing zones only. Refer to Zoning Map included with this Application. Legal: Lot Block Subdivision Street Address/Location Assessor’s Parcel No. ______ DESCRIPTION OF PROPOSED TEMPORARY USE: Please describe fully the proposed use of the subject property for which the temporary use permit is requested, including the number of employees who will work at the stand: ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ BENEFITS STATEMENT: Please describe the benefits the nonprofit organization or group provides to the community of El Centro. Attach pages as necessary. ________________________________________________________________________________________ ________________________________________________________________________________________ DURATION OF TEMPORARY USE: Beginning date ___________________________________Ending Date _____________________________ Hours of Operation ___________________________________ CONDITION OF SITE FOLLOWING TEMPORARY USAGE: Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used only in accordance with the provisions in Chapter 29.

Revised Fireworks TUP Application 04.02.14 Page | 3

MISCELLANEOUS PROVISIONS: Applicant shall inform the City immediately of accidents or emergency situations that occur or arise throughout the duration of the Temporary Use. Applicant shall comply with all applicable laws, ordinances, codes and regulations of the Federal, State, and local governments. Except if expressly stated, no third party is a beneficiary of this Temporary Use Permit. Applicant shall not assign the obligations under this Permit. Any assignment shall constitute a default and is grounds for immediate termination of this Permit, at the sole discretion of the City. Applicant shall maintain, prior to the beginning of and for the duration of this Temporary Use Permit, a policy of public liability and property damage insurance naming the City of El Centro as an additional insured thereunder. Limits are subject to review but in no event shall be less than the limits set forth in Section 10-70(1)(b) of the City of El Centro Municipal Code. RELEASE, HOLD HARMLESS AND AGREE NOT TO SUE: Applicant fully understands that the sale of fireworks exposes Applicant to the risk of claims for personal injury, death or property damage. Applicant hereby acknowledges and agrees to assume any such risks resulting from its sale of fireworks. In consideration for the City’s issuance of a fireworks permit, Applicant hereby agrees, for itself, its successors and assigns, that Applicant shall indemnify and hold harmless the City, its officers, agents, employees, servants or volunteers from any and all claims, demands, actions or suits arising out of or in connection with Applicant’s sale of fireworks. By signing below, Applicant hereby releases, discharges and agrees not to sue the City, its officers, agents, and/or employees, for any injury, including but not limited to death or damage or loss of personal property arising out of, or in connection with, the City’s issuance of a fireworks permit, from whatever cause, including the passive negligence of the City, its officers, agents, servants, and employees. Date Applicant Signature SIGNATURE: I certify that I am the signer and authorized officer or director of the nonprofit organization or group of the within application and have read the foregoing and certify that the contents herein are true and correct to the best of my knowledge and belief. Date Applicant Signature Print Name Title

Revised Fireworks TUP Application 04.02.14 Page | 4

REQUIRED ATTACHMENTS: 1. Eight (8) copies of the Site Plan Form attached

2. Affidavit signed by the Authorized Officer or Director for nonprofit organization

3. Proof of being a nonprofit, and demonstrating tax exempt status (i.e. IRS Determination Letter)

4. Payment in the amount of One Hundred Eighty One ($181.00) dollars non-refundable for permit processing

5. Proof of a City of El Centro Business License (Business Licenses are free of charge to nonprofits).

NOTE: Please submit temporary use permit application by May 7, 2014 by 5:00 p.m. with the required

attachments and the appropriate filing fees to the Community Development Department - Planning & Zoning Division at City Hall, 1275 W. Main Street, El Centro, California 92243. Incomplete applications will not be accepted.

If you need assistance completing the application, please contact the Community Development Department-Planning & Zoning Division on weekdays, from 8:00 a.m. to 5:00 p.m., at (760) 337-4545.

City of El Centro

Site Plan Checklist & Form Community Development Department

1275 W. Main Street El Centro, CA 92243

Telephone: (760) 337-4545 SITE PLAN INSTRUCTIONS

The following information shall be shown on the Site Plan. Please read the information, and prepare a site plan for your project to accurately depict the necessary information. 1. Show the property lines; include the dimensions of the property.

2. Show the location of all existing structures and your proposed fireworks booth.

3. Show the location of overhead power lines, if any.

4. Show the north orientation.

5. Show all dimensions of the structure(s).

6. Show distances between structures, specifically, the distance between the proposed booth and other

structures within the property and the distance between the proposed booth and the property lines.

7. Show the adjacent streets, traffic flow using directional arrows, entry, exit, driveways, and parking spaces.

DRAW SITE PLAN IN THE BOX PROVIDED BELOW

City of El Centro

Fireworks Affidavit & Acknowledgement Community Development Department

1275 W. Main Street El Centro, CA 92243

Telephone: (760) 337-4545 I declare under the penalty of perjury that the foregoing information is true and correct to the best of knowledge. I authorize the City of El Centro to verify information contained in the Temporary Use Application. I agree to comply with Article V, Chapter 10 of the City of El Centro Municipal Code which establishes regulations related to fireworks. The organization is a nonprofit organization, pursuant to the Internal Revenue Code or California Revenue

Taxation Code or a group which is an integral part of a recognized national organization having tax-exempt

status or an organization affiliated with and officially recognized by an elementary, junior high and/or high

school and/or school district that serves, in whole or in part, the residents of the City.

The organization is primarily veteran, patriotic, welfare, civic betterment, athletic, education, youth development

or charitable purposes.

The organization’s principal and permanent meeting place is within the City.

The organization provides direct and regular community services and benefits to the residents of the City.

The organization has a minimum bona fide membership of at least twenty (20) members who either reside in

the City, or are owners or operators of a business or other establishment located in the City.

The organization has not been found by any court of competent jurisdiction or City administrative hearing

officer to be in violation of any civil or criminal, local, State or Federal law relating to fireworks within twenty-

four (24) calendar months prior to the organization’s submittal of an application for a permit to sell.

The organization will deliver to the City a certificate of endorsement evidencing a policy of public liability and

property damage insurance naming the City as an additional insured thereunder, with minimum limits of one

million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. No policy will be

acceptable which contains a provision allowing a deductible amount.

The Temporary Use Application is signed by an authorized officer or director of the nonprofit organization or

group.

The officers and agents of the nonprofit organization or group agree to comply with the terms of the Fireworks

Sales Permit granted and to furnish additional information, as requested by the City.

Date Applicant Signature

Title Print Name

ORDINANCE NO. 14- 05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AMENDING THE MUNICIPAL CODE BY ADDING ARTICLE V TO CHAPTER 10 ESTABLISHING REGULATIONS RELATED TO FIREWORKS

THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I. Chapter 10 ofthe City ofEI Centro Municipal Code is hereby amended by adding Article V entitled "Fireworks," which reads as follows:

"ARTICLE V: FIREWORKS

Section 10-65: Purpose and intent.

The purpose of this article is to regulate the sale, use and storage of fireworks in an attempt to prevent fires which may result from the improper sale, use or storage of fireworks. This article is added to permit the sale and storage of safe and sane fireworks as defined in California Health and Safety Code §§12529 and 12562 within the territorial limits of the City of El Centro during the period beginning at noon on the twenty-eighth (28t11

) day of June and ending at midnight on the sixth (6t11

) day of July of each calendar year and to permit use of safe and sane fireworks until 11 :00 p.m. during this time period.

Section 10-66: Definitions.

For the purpose of this article, the following words and phrases are defined as follows:

Application means a Temporary Use Permit application with the City ofEI Centro.

City means the City of El Centro.

City Clerk means the City Clerk of the City ofEI Centro or his/her designee.

City Council means the City Council of the City of El Centro.

City Manager means the City Manager of the City of El Centro or his/her designee.

Code means the City of El Centro Municipal Code.

Dangerous Fireworks shall have the same meaning as set forth in Health and Safety Code §§12505 and 12561 and the relevant sections ofTitle 19, Code of Regulations, Subchapter 6 which are hereby incorporated by reference.

Fire Clziefmeans the Fire Chief of the City of EI Centro or his/her designee.

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Fireworks Sales Permit means a pennit issued in accordance with this article.

Fireworks Stand means any building, counter, or other structure of a temporary nature, and in compliance with the Code, used in the sale, offering for sale, or display for sale of Safe and Sane fireworks.

Fireworks Wltolesaler means any person who sells fireworks to other persons for resale by such persons.

Minor means any person under the age of eighteen (18) years.

Nonprofit Organization shall mean any nonprofit association, charity or corporation organized primarily for veteran, patriotic, welfare, civic bettennent, athletic, educational, youth development or charitable purposes pursuant to the Internal Review Code §§50l(c)3, 4, 6, 7, 8, 9 10, 23, or 26 that serves, in whole or in part, the residents ofthe City ofEl Centro.

Permittee means a Qualified Applicant that has been awarded a Fireworks Sales Pennit by the City.

Police Cltiefmeans the Police Chief of the City of El Centro or his/her designee.

Qualified Applicant shall mean any group or organization which has met all of the following criteria for a continuous period of not less than one (I) full year preceding submittal of an application for a Fireworks Sales Pennit required by this article and which continues to meet the criteria for the duration of any pennit to sell issued by the City of El Centro pursuant to this article.

( 1) The organization shall be a nonprofit organization pursuant to the Internal Revenue Code or California Revenue and Taxation Code or a group which is an integral part of a recognized national organization having such tax-exempt status or an organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district that serves, in whole or in part, the residents of the City. Only one (1) application per school will be allowed. If an organization is affiliated with a recognized educational institution as defined in this section, but maintains a separate tax exempt status with the Internal Revenue Service or the California Franchise Tax Board, said nonprofit organization shall be allowed a separate application.

(2) The organization shall be organized primarily for veteran, patriotic, welfare, civic bettennent, athletic, educational, youth development or charitable purposes;

(3) The organization must have its principal and pennanent meeting place within the City;

(4) The organization must be one which provides direct and regular community services and benefits to the residents of the City.

(5) The organization must have a minimum bona fide membership of at least twenty (20) members who either reside in the City, are employed in the City, or are owners or operators of a business or other establishment located in the City;

(6) The organization must not have been found by any court of competent jurisdiction or City administrative hearing officer to be in violation of any civil or criminal

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local, State or Federal law relating to fireworks within twenty-four (24) calendar months prior to the organization's submittal of an application for a permit to sell;

(7) The organization must not have a permit to sell revoked within twenty-four (24) months prior to the organization's submittal of an application for a permit to sell.

Safe and Sane Fireworks means safe and sane fireworks as defined in Health and Safety Code §§12529 and 12562 and the relevant sections of Title 19, Code of Regulations, Subchapter 6 which are hereby incorporated by reference.

Section 10-67: General prohibition against possession, retail sale or use of Dangerous Fireworks.

No person shall possess, sell, use, display or explode any Dangerous Fireworks, including, but not limited to, any rocket, firecracker, roman candle, squib, torpedo, wire core sparkler, black cartridge, aerial shell or other combustible device or explosive substance or any kind of fireworks, by whatever name known, within the City.

Section 10-68: Possession, retail sale and use of Safe and Sane Fireworks temporarily permitted.

It shall be lawful to possess, sell or display Safe and Sane Fireworks within the City during the time period beginning at noon on the twenty-eighth (28th) day of June and ending at midnight on the sixth (61h) day of July of the same year. Retail sale to the public of Safe and Sane fireworks is permitted between noon and 10:00 p.m. and use is permitted until 11 :00 p.m. during this time period.

Section 10-69: Safe and Sane Fireworks permitted.

Except as provided in this article, no person shall sell or offer to sell, at retail, any fireworks within the territorial limits of the City without a Fireworks Sales Permit first being issued to a Qualified Applicant as defined in this article.

(1) No Qualified Applicant shall be granted more than one (1) Fireworks Sales Permit or operate more than one (1) Fireworks Stand during any one (1) calendar year.

(2) A Permittee hereunder may enter into a participation agreement with one (1) or more Qualified Applicants to jointly sell fireworks provided the Permittee and each Qualified Applicant shall assume jointly the responsibility for compliance with all City ordinances and regulations and that the Permittee and each Qualified Applicant shall be listed as such on the Fireworks Sales Permit.

(3) The maximum number of Fireworks Sales Permits that shall be issued to Qualified Applicants is four (4).

(4) Fireworks Stands shall be located in the CH, heavy commercial, CG, general commercial, MG, general manufacturing and ML, light manufacturing zones only.

(5) If the number of Qualified Applicants for Fireworks Sales Permits exceeds the number of Fireworks Sales Permits available for issuance, the Fire Chief shall conduct a random drawing to determine to whom the available Fireworks Sales

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Permits shall be issued. Permittees shall have fourteen (14) calendar days to submit all information required by Section I 0-71 and to pay the established Fireworks Sales Permit fee.

Section 10-70: Fireworks Sales Permit requirements.

A Qualified Applicant seeking to sell Safe and Sane Fireworks shall submit an Application for a Fireworks Sales Permit to the Community Development Department.

(1) The Application shall include, but not be limited to, the following documentation:

(2)

a. A detailed and specific description of the proposed location of the Fireworks Stand with a letter signed by the owner of the property, or the owner's agent, upon which the Fireworks Stand is proposed to be located, confirming the owner has given permission for the use of the property for such purposes.

b. A written statement by the Qualified Applicant stating that the Qualified Applicant shall, at the time of receipt of a Fireworks Sale Permit, deliver to the City a certificate of endorsement evidencing a policy of public liability and property damage insurance naming the City as an additional insured thereunder, with minimum limits of one million dollars ($1 ,000,000) per occurrence and two million dollars ($2,000,000) aggregate. No policy will be acceptable which contains a provision allowing a deductible amount.

c. Proof that the Qualified Applicant has met the requirements set forth in section 1 0-66.

d. Documentation demonstrating current tax-exempt status. e. The Application shall be signed by an authorized officer or director of the

Qualified Applicant. f. A written statement describing the benefits the Qualified Applicant

provides to the City. g. The Application shall include a statement that the officers and agents of

the Qualified Applicant shall agree to comply strictly with the terms of this article and the terms of the Fireworks Sales Permit granted in the article and to furnish such additional information as requested by the City.

The Application must be submitted between the fifteenth (15th) day of March and the thirtieth (30th) day of March of each year; except however, for the year 2014, the Ap~lication must be submitted between the fifth (5th) day of April and the fifth (5 ) day of May.

Section 10-71: Fireworks Sales Permit approval.

(1) Each Permittee must have at least one (1) representative attend a fireworks stand operator safety seminar, approved by the Fire Chief, by fifteenth (15th) day of June of the same year in which the Fireworks Sales Permit is issued.

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(2) Subsequent to selection for issuance of a Fireworks Sales Pennit, but prior to the issuance of the Fireworks Sales Pennit, and in addition to those other requirements set forth in this article on the Application and the Fireworks Sales Pennit, each Pennittee shall provide or demonstrate compliance with all the following:

a. A copy of the Pennittee's retail fireworks license issued by the Office of the California State Fire Marshal.

b. A copy of the Pennittee's California State Board of Equalization temporary sales tax pennit.

c. Payment of a Fireworks Sales Penn it fee in an amount to be established by resolution of the City Council. This fee is in addition to the fee paid for the submission of the Application.

d. Insurance coverage as required by section 10-70(l)(b).

Section 10-72: Denial of Fireworks Sales Permit and appeal process.

A Fireworks Sales Pennit shall be denied if the Qualified Applicant has failed to provide sufficient plans, infonnation or data necessary to pennit a detennination respecting compliance with the requirements of this article. Any denial of an Application or revocation of a Fireworks Sales Pennit may be appealed in writing to the City Manager consistent with Health and Safety Code §12647 within ten (10) days of the denial.

Section 10-73: Fireworks Stands.

(1) All retail sales of Safe and Sane Fireworks shall be pennitted from within a Fireworks Stand only. The retail sale of Safe and Sane Fireworks from any other building or structure is prohibited.

(2) No Fireworks Stand may be erected before the twenty-sixth (261h) day of June and

only by a person or people affiliated with a Pennittee. (3) Fireworks Stands must be located on lots that have an all-weather surface and

adequate off-street parking to meet the requirement of any existing use or uses as well as the Fireworks Stand.

(4) Fireworks Stands are permitted only in the following zoning districts, as defined and delineated in the Code:

a. CH, heavy commercial b. CO, general commercial c. MG, general manufacturing d. ML, light manufacturing

(5) Each Fireworks Stand must post each of the following in a prominent place inside the Fireworks Stand:

a. Fireworks Sales Permit b. California State Board of Equalization temporary sales tax permit c. California State Fire Marshal retail sales permit

0 I /14\A 14-0024\Fireworks Ordinance 5

d. Proof of insurance.

( 6) Fireworks Stands are not permitted on City property and shall not be located closer than three hundred (300) feet apart, unless separated by a major arterial roadway.

(7) Fireworks Stands shall comply with current National Fire Protection Association Standard NFPA 1124 for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles.

(8) Fireworks Stands shall not be located within twenty-five (25) feet of any other building or structure.

(9) No Fireworks Stand shall be located within one hundred (1 00) feet of a location where gasoline or any other flammable liquids are stored or dispensed.

(I 0) Accessory electrical wiring within a Fireworks Stand is prohibited. (I I) Each Fireworks Stand shall comply with fire prevention standards as adopted and

enforced by the Fire Chief. (12) All Fireworks Stands shall be inspected and approved by the Fire Chief prior to

the sale of any Safe and Sane Fireworks. (13) All weeds or other vegetation and combustible material shall be cleared from the

location of the Fireworks Stand to at least a twenty-five (25) foot radius surrounding the Fireworks Stand.

(14) No Fireworks Stand shall have a floor area in excess of five hundred (500) square feet or a length greater than fifty (50) feet.

(IS) Each Fireworks Stand shall have at least two (2) exits. Each Fireworks Stand in excess of forty ( 40) feet in length shall have at least three (3) exits equally spaced. In no case shall the distance between exits required by this section exceed twenty (20) feet. Exit doors shall be no less than twenty-four (24) inches wide, six (6) feet in height and must open in the direction of exit travel.

(16) "NO SMOKING" signs shall be prominently displayed both externally and internally on all sides of the Fireworks Stand. Smoking is prohibited within fifty feet (50) of any Fireworks Stand.

(17) Each Fireworks Stand shall have two (2) currently certified two and one-half(2.5) gallon pressurized water type fire extinguishers in good working order that are easily accessible in case of fire.

(18) Each Fireworks Stand must have an individual over the age of eighteen (18) in attendance and in charge thereof when the Fireworks Stand is open to the public for sale or dispensing of Safe and Sane Fireworks and when Safe and Sane Fireworks are being delivered to, or taken from, the Fireworks Stand.

(19) No person may remain inside the Fireworks Stand after close of business. (20) When the Fireworks Stand is not being used for the sale and/or display of Safe

and Sane Fireworks, all Safe and Sane Fireworks shall be stored in a manner consistent with one of the following:

a. Within a reinforced, heavy metal, fully-enclosed container, a walk-in-type drop box or equivalent, as approved by the Fire Chief.

b. Returned daily to a Fireworks Wholesaler for storage at an approved and properly-zoned location.

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(21)

(22)

(23)

(24)

(25)

(26)

(27)

(28)

(29)

(30)

(31)

(32)

No fuel-powered generator or similar equipment shall be allowed within fifty (50) feet of a Fireworks Stand. Vehicles may not be parked within ten (I 0) feet of a Fireworks Stand. Permittees shall provide cones or blockage to indicate a "NO PARKING" area within ten (10) feet of the Fireworks Stand. A twenty (20) foot area surrounding the Fireworks Stand and any properly stored Safe and Sane Fireworks must be kept clear of empty boxes, trash and debris. No person shall light, or cause or permit to be lighted, any Safe and Sane Fireworks or any other article or material within any Fireworks Stand or within fifty (50) feet thereof. No person other than individuals who are bona-fide members of the Permittee or the spouses, registered domestic partners or adult children of such members, shall sell or otherwise participate in the sale of Safe and Sane Fireworks. No person under the age of eighteen (18) shall sell or participate in the sale of or handle any Safe and Sane Fireworks. Drinking or possession of alcoholic beverages in a Fireworks Stand or within one hundred (1 00) feet of a Fireworks Stand is prohibited, except within a permanent business establishment unaffiliated with the Fireworks Stand and which preexisted the Fireworks Stand. No person shall be paid any consideration by the Permittee or any Fireworks Wholesaler for selling or otherwise participating in the sale of Safe and Sane Fireworks. Notwithstanding the foregoing, compensation may be paid for licensed security personnel and to any person permitting or leasing the location of the Fireworks Stand on its property as a payment for such permit or lease. All Safe and Sane Fireworks shall be retained at the Fireworks Stand. In no event shall unsold Safe and Sane Fireworks be removed from the approved location to any other place without written approval of the Fire Chief. All unsold stocks of Safe and Sane Fireworks in the hands of the Permittee after noon on the fifth (5th) day of July shall be returned to the Fireworks Wholesaler by midnight on the sixth (6th) day of July of the same calendar year. Each Fireworks Stand shall be completely removed and the premises upon which it was located shall be cleared of all debris and restored to the condition it was prior to the establishment of the Fireworks Stand no later than the tenth (1oth) day of July of each calendar year. Fireworks Stands shall be permitted to have no more than two (2) double-sided signs with a maximum area of sixty-four (64) square feet per side. All such signs shall be located on the same site as the Fireworks Stand they identify or advertise. Signs may not be placed in such a manner as to interrupt the normal flow of vehicle or pedestrian traffic or to cause any sight distance problems for such traffic. Placement of such signs shall be in accordance with Chapter 22.1 of the Code. The above described signs may be displayed from the twenty-third (23rd) day of June through the end of the sales day on the fourth (4th) day of July.

Section 10-74: Sales to a Minor.

It is unlawful to sell Safe and Sane Fireworks to a Minor.

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Section 10-75: Financial reports.

On or before the first ( 1 51) day of November of any year during which a Qualified

Applicant received a Fireworks Sales Permit, that Qualified Applicant shall submit to the City Clerk a copy of the most recent report filed by the Qualified Applicant with the State Board of Equalization. The filing of such statement shall be a condition precedent to the granting of any subsequent Fireworks Sales Permits.

Section 10-76: Revocation of Fireworks Sales Permits and appeal.

(1) The Fire Chief may revoke the Fireworks Sales Permit of any Permittee that violates any of the provisions of this article. If the revocation occurs between the twenty-second (22nd) day of June and the fifth (51h) day of July, the Fire Chief shall inform the Permittee that it may seek review of the decision by the City Manager on the next business day. The decision of the City Manager shall be final.

(2) Any Permittee that has their Fireworks Sales Permit revoked shall be barred from receiving a future Fireworks Sales Permit under this article or under any subsequent ordinance establishing a Fireworks Sales Permit for up to three (3) years from the date of the revocation.

Section 10-77: Supervision of a Minor in use of Safe and Sane Fireworks.

( 1) It is unlawful for a Minor to sell, purchase, possess, use or discharge Safe and Sane Fireworks of any type; provided, however, that a minor under the direct supervision of their parent, guardian or other adult person having care, custody or control of the minor may possess and discharge Safe and Sane Fireworks during the times and in the manner that such discharge is permitted by this article.

(2) It shall be unlawful for any person having the care, custody or control of a Minor to permit the Minor to discharge, explode, fire or set off any Dangerous Fireworks, at any time, or to permit the minor to discharge or set off any Safe and Sane Fireworks unless the minor does so under the direction supervision of a person over eighteen (18) years of age and during the hours and on the days permitted by this article.

Section 10-78: Seizure of Safe and Sane Fireworks.

(1) The Fire Chief or Police Chief may seize, take, remove or cause to be removed, at the expense of the Permittee or Fireworks Wholesaler, all stock of Safe and Sane Fireworks offered or exposed for sale, stored or held in violation of this article, the State Fireworks Law or the California Fire Code.

(2) Alternatively, a notice of violation may be issued by the Fire Chief or Police Chief requiring immediate correction of the violation(s) and/or cessation of sales. The Permittee will then have the opportunity to be heard prior to any seizure.

8

Section 10-79: Public education.

Each Fireworks Wholesaler supplying one or (I) more Permittees under this article shall annually submit a public education plan to the Fire Chief no later than 5:00 p.m. on the fifteenth (15th) day of June of each year. Said public education plan shall outline the public safety and education efforts for that year that have been initiated, supported and/or delivered by each Fireworks Wholesaler within the City.

Section 10-80: Violation unlawful - administrative citations.

(1) It is unlawful, and a misdemeanor, to vio late any prOVISIOn of this article, provided, however, that a violation of th is article may, at the discretion of the Police Chief, Fire Chief or prosecuting attorney, be charged and prosecuted as an infraction.

(2) In addition to any other enforcement mechanism prescribed by law, this article may be enforced by the issuance of administrative citations pursuant to the Code.

Section 10-81: Conflict with the Code

In the event that any provision of this article conflicts with any provision ofthe Code, the provisions of this article shall prevail.,.

SECTION 2. The City Council hereby designates the Office of the City Attorney to prepare a

summary of this Ordinance and said summary shall be published and a certified copy of the full

text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to

the City Council meeting at which thi s Ordinance is to be adopted.

SECTION 3. This Ordinance shall take effect thi rty (30) days from and afier its adoption. Within fi fteen (15) days after adoption, a summary of this Ordinance shall be published once in a newspaper, published and ci rculated within the City of El Centro, California and there shall be posted in the Office of the City Clerk a certified copy of the fu ll text of this Ordinance.

INTRODUCED at a regular meeting of the City Council of the City of El Centro Califomia, held on the 4th day of Feb. , 2014.

PASSED AND ADOPTED at a regular meeting of the City Counci l of the City of El Centro, California, held on the 18th day ofFeb., 2014.

CITY OF EL CENTRO

By: ATTEST:

0 Il l 4\A 1 4-0024\Fireworks Ordinance 9

APPROVED AS TO FORM:

Office of the City Attorney

By: \CU~t)l t& c i[L{/ Kris M. Becker, City Attorney

STATE OF CALIFORNIA ) COUNTY OF IMPERIAL ) ss CITY OF EL CENTRO )

I, L. Diane Caldwell , City Clerk of the Ci ty of El Centro, California, do hereby certify that the foregoing Ordinance No. 14- OS had its first reading onfeb 18 , 2014 and had its second reading on Mar. 4, 2014, and was passed by the following vote:

AYES: NOES:

Jackson, Silva , Viegas-\~alker, Cardenas , Sanders None

ABSENT: None ABSTAINED: None

A YES: J ackson, Silva , Viegas- \.Jalker, Cardenas , Sander s NOES: None

ABSENT: None ABSTAINED: None

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