§ 6.48.040. Permits.

A.

A permit for the sale of safe and sane fireworks may not be issued except to the following applicants: a nonprofit organization or corporation organized and existing primarily for veteran, patriotic, religious, welfare, charitable or civic betterment purposes, organized and established in the city, or within the city's sphere of influence or the Tulare County joint planning area as identified in the 2005 update of the city's general plan, at least one year prior to the filing of the application for permit under this chapter, having a bona fide membership of at least fifteen members, and having first obtained a permit or license from the State Fire Marshal under Part 2, Division 11 of the State Health and Safety Code, except those organizations exempted from the lottery selection as stated in subsection B of this section.

B.

All applicants for fireworks permits, except those specifically exempted in this section, shall participate in a lottery by submitting a pre-application form on or before April 15th of each year. Drawing of the lottery will occur no later than April 18th and will include in order, which applicants will qualify to submit applications for the fireworks permits as well as to establish a list of those who will be put on a standby list in case a qualified applicant fails to submit an application by the deadline. The deadline for applications is May 1st for qualified applicants and May 8th for standby applications. The city shall reserve one fireworks permit to be awarded through a request for proposal process to a non-profit organization that will contract with the city to provide a fireworks show for the residents of the city. In the event that the city does not select a nonprofit organization for the reserved fireworks permit, this fireworks permit shall be awarded to the first nonprofit organization in the standby list selected by lottery, which is held following the pre-application process.

Any person applying for a fireworks permit who has such permit in 1996 and also in each subsequent year shall be issued a permit without being included in the drawing. such applicant is required to notify the city in writing on or before April 15th of each year if they will continue to apply.

C.

There shall be one fireworks permit issued for each five thousand five hundred citizens who reside in the city based on the most recent "household" population figure as reported annually by the California Department of Finance population housing estimate.

D.

Applications for fireworks permits shall be submitted no later than May 1st of each year. No applications shall be accepted nor processed by the city after the May 1st date except as provided in subsection B of this section. Applications for the lottery referenced in subsections B and C of this section shall not be required to include the state sales tax number, nor items 3 through 8 required in the application form as specified in subsection E of this sections. Each applicant for the lottery shall pay a fee as set forth by resolution of the city council to cover initial processing costs.

E.

Applications for fireworks permits shall be made on forms to be furnished by the city manager or his/her designee, shall be signed under penalty of perjury by the applicant, and shall require the following information and documents:

1.

The name, address and telephone number of the nonprofit organization for which application is made;

2.

The purpose of the nonprofit organization or corporation, its principal and permanent meeting place; the approximate date of its establishment in the city; the total number of its local membership; and the names and addresses of its officers;

3.

The location of the proposed fireworks stand;

4.

A plot plan, showing the location of the temporary fireworks stand, utilities, location of permanent and temporary structures, curb cuts and/or driveways and identifying the nearest available sanitary facility and fire hydrant;

5.

A written authorization from the owner of the location or person in lawful possession thereof, if other than the applicant, for the locating of the fireworks stand upon his or her property;

6.

Evidence, satisfactory to the city manager or his/her designee, of (a) general liability insurance providing coverage on an occurrence basis for bodily injury, including death of one or more persons, property damage and personal injury, with limits as required by the city; and (b) workers' compensation, with statutory limits and employers' liability insurance with limits as required by the city. All policies required of the applicant hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess insurance, over and above the applicant's insurance and shall not contribute with it. The applicants shall save, hold harmless and indemnify the city, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or is in any way related to any work performed by the applicant, his agents or employees under the terms of any permit issued under this chapter;

7.

Cash deposit in an amount as set forth by resolution of the city council shall be forfeited to the city in the event the permit holder fails to remove the stand, equipment and rubbish from the premises upon which the stand is located before twelve noon on July 15th of the year for which the permit is granted. The cash deposit shall be returned to the applicant upon full performance of the requirements of this chapter;

8.

Approval from the engineering department of the city that operation of the fireworks stand at the proposed location will not present any substantial hazard to vehicular or pedestrian traffic.

F.

Location of temporary stand may not be changed after an application is filed except as required by the city, or where there is evidence of change in property ownership or management and prior approval or consent has been revoked by the new owners or managers.

G.

No one organization may receive more than one permit for fireworks sales during any one calendar year or submit more than one application for such permit in any one year.

H.

All permits issued under this chapter shall remain in effect from twelve noon on June 28th to twelve midnight on July 4th, unless earlier suspended or revoked.

I.

The applicant shall pay a fee as set forth by resolution of the city council to cover the cost of processing the application and for any necessary inspections of such fireworks stand.

J.

Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood, and will not constitute an undue burden on city resources.

(Ord. 1142 §1(part), 2006: Ord. 1044 §1, 2000; Ord. 1012 Exh. A (part), 1998).

(Ord. No. 2013-1257, § 1(exh. A), 4-2-2013; Ord. No. 2013-1261, § 1(exh. A), 4-15-2013)