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1999-20 RESOLUTION NO. 99-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING STANDARDS FOR PERMITS FOR THE SALE OF FIREWORKS AND FOR FIREWORKS BOOTH IN THE CITY OF GRAND TERRACE FOR THE PERIOD LEADING UP TO AND INCLUDING THE CELEBRATION OF THE MILLENNIUM WHEREAS, the City of Grand Terrace authorizes the sales and use of "safe and sane" fireworks within the City limits every Fourth of July; and WHEREAS, the sales of"safe and sane" fireworks within the City must be permitted and approved by the City Council and meet the conditions noted within this resolution; and WHEREAS, in 1998 the California Legislature acted to add and repeal Section 12599.5 of the Health and Safety Code, relating to fireworks and enacted Assembly Bill No. 2090 which would authorize the sale of State Fire Marshal Approved "safe and sane" fireworks from 9:00 a.m. December 26, 1999 through January 1, 2000, pursuant to a license issued by the State Fire Marshal - if authorized by a City, County or City and County ordinance or resolution; and WHEREAS, Assembly Bill No. 2090 was approved and signed by the Governor on August 24, 1998 and filed with the Secretary of State on August 24, 1998; and WHEREAS, all fireworks sold pursuant to this legislation must have been classified as "safe and sane" by the State Fire Marshal by the June 1999 deadline for products to be sold on July 4, 1999 and all other state fireworks laws, regulations and statutes shall apply to these sales, (i.e. only in temporary stands, retail license fee, etc.); and WHEREAS, these provisions would become inoperative on January 2, 2000 and would be repealed on January 1, 2001; and WHEREAS, the City Council annually reviews the standards and criteria by which it permits the sale of "safe and sane" fireworks within its City limits; NOW THEREFORE, BE IT RESOLVED that the City Council will authorize the Fire Marshal to issue permits for fireworks sales from booths pursuant to the terms and conditions of the existing ordinance and the following regulations: 1. Conditions of Sale. It is unlawful for any person, firm, corporation, association or organization to sell of offer for sale any fireworks within the City, except as expressly permitted under the terms of this resolution for the time period set forth in this resolution. 2. Time of Sale. Subject to the provisions of the State Fireworks Law (California Health and RESOLUTION 99-20 PAGE 2 Safety Code, Division 11, Part 2, Chapters 1-7, Health and Safety Code Sections 12500- 12801), and the provisions of this code and Section 12599.5 of the Health and Safety Code, "safe and sane" fireworks as defined in Section 12504 of the California Health and Safety Code may be sold within the City during the period beginning at 9:00 a.m. December 26, 1999 and ending at 11:59 p.m. on December 31, 1999, provided, however, that pyrotechnic displays may deviate from these restrictions subject to applicable provisions of the California Health and Safety Code, and provided they are approved by the Fire Chief or his designated representative. 3. Permit Required. No person, firm, association, corporation, or organization shall sell fireworks within the City without first having obtained a permit therefor. Issuance of permit shall fulfill all municipal licensing requirements and fire safety conditions outlined by the Fire Department. All permit applications shall be received in the City Clerk's office by no later that November 30, 1999. 4. Information Required on Permit. Each applicant for such permit shall file a written application within the Bureau of Prevention showing the following information: a. Name and address of applicant ' b. Location where the applicant proposes to sell fireworks C. Places of storage of fireworks d. Evidence that applicant meets the criteria as specified in this resolution and other ordinances. 5. Organizations Authorized to Sell. a. No permit shall be issued to any person, firm or corporation except nonprofit associations or corporations organized primarily for youth sports. b. Each such organization must have its principal and permanent meeting place in the corporate limits of the City and must have been organized and established in the City's Corporate limits for a minimum of one year continuously preceding the filing of the application for the license, and must have a bona fide membership of at least one hundred fifty members. C. No organization may receive more than one permit for fireworks sales. One permit maybe issued to two or more qualifying applicants as a joint venture. The maximum number of licenses which may issued pursuant to this section shall be one. 6. Determination of Eligibility by City Manager_ Right of Appeal. The City Manager shall make a determination as to which organizations meet the criteria specified in section 5. The decision of the City Manager shall be a final decision, appealable to the City Council within seven (7) days of the decision. RESOLUTION 99-20 PAGE 3 7. Insurance Requirements at Condition of Sale. Each applicant for a permit shall file with the Bureau of Fire Prevention prior to the issuance of any permit, a policy of public liability insurance with coverage of at least $300,000.00/$500,000.00, a policy of property damage insurance with coverage of at least $300,000.00 on a certificate showing the amounts of insurance. The City, its officers, employees and agents shall be named as additional insurerds on such insurance policy or insurance certificate. 7. Fireworks Booth - Restrictions on Sales. a. No booth shall be located within 25 feet of combustible buildings and/or building openings (windows and doors) or within 50 feet of any flammable storage. Location of booth is contingent upon receipt of approval from the Fire Chief or his designated representative. b. No booth shall have a floor area in excess of 750 square feet. All booths in excess of 20 feet in length must have two exits. Larger booths must have an exit for each 20 feet of length, located 20 feet apart. C. All weeds and combustible materials shall be cleared in and around booth for a distance of at least 20 feet. d. "No Smoking" signs shall be posted on the booth, and all persons handling or managing sales therein shall refrain from smoking while on duty therein. e. Each booth must have an adult watchperson in attendance and in charge thereof when the booth is being used for the sale or dispensing of safe and sane fireworks and permittee has the sole responsibility for providing the same. For the purpose of this section the term "adult" shall mean any person so defined under California law. f. All unsold stock shall be removed from the booth and located in an approved area immediately after the close of business on each day of operation. g. All litter shall be removed on a daily basis. h. The booth shall be removed from the temporary location and all litter shall be removed by noon on January 5, 2000. i. All retail sales of"safe and sane" fireworks shall be permitted only from within a temporary booth. Sale from any other building or structure is hereby prohibited. j. Approved banners or other means to prohibit parking within 20 feet of the booth shall be provided. The purpose for the banners is to keep ignition sources away from the booth. k. No electrical devices or open flames are permitted in the booth. 9. Any permit issued under this resolution may be terminated by the City Manager in case of any violations of any terms and conditions of the resolution or any terms and conditions of the permit. Further, the City Council may terminate said permit(s) at such time as they deem it is in the interest of the safety of the citizens of the City of Grand Terrace. RESOLUTION 99- 20 PAGE 4 ADOPTED this 14a' day of October, 1999. ATTEST: City Clerk of the City o Grand Terrace M91or of the City of Grand Terrace and of the City Council thereof. and of the City Council thereof. I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 14`h day of October, 1999, by the following vote: AYES: Councilmembers Hilkey, Garica; and Larkin; Mayor Pro Tem Buchanan; Mayor Matteson NOES: None ABSENT: None --' ABSTAIN: None City Clerk Approved as to form: City Attorney