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be repealed on January 1, 2001; and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