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O1126 ,," ~1\ F~~s:me Counc..,Mtg. 05-08-79 ~ Santa Momca, liforn1a ORDINANCE NO. 1126 reeS) " (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 7A TO ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE, RE- LATING TO THE STORAGE, USE AND SALE OF SAFE AND SANE FIREWORKS WITHIN THE CITY. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 7A 1S hereby added to the Santa Mon1ca Mun1c1pal Code and shall read as follows: "Chapter 7A - SAFE AND SANE FIREWORKS. Sectlon 6720. SAFE AND SANE FIREWORKS, SALE PERMITTED. Safe and sane flreworks, as defined in Section 12504 of the Health and Safety Code of the State of Cal1fornia, as amended from time to time, may be sold and discharged W1thin the City of Santa Mon1ca dur1ng the per10d beg1nnlng at 12:00 o.clock noon on the 28th day of June and ending at 8:00 P.M. on the 4th day of July of each year, pursuant to the provisions of th1S ordlnance, and not otherwise. Section 6721. SALE OF FIREWORKS - PE&~IT REQUIRED. Except as prov1ded here1n, no person shall offer for e e . sale or sell at retail any flreworks of any klnd 1n the City of Santa Monica without having f1rst applied for and received a permit therefor. Section 6722. APPLICATION FOR A PERMIT. All appllcat10ns for a perrni t to sell fire- works 1n the Clty of Santa Monlca shall be made 1n the manner establlshed by the Clty Councll, by resolution, and shall lnclude or be accom- panled by, but not necessarily be limited to: A. The proposed location of the fireworks stand applied for, including a plot plan set- tlng forth the descript10n of the lot and loca- tion of the structure and power service thereon. Such stands must be on prlvate property located 1n a commercial or 1ndustr1al zone. B. The wrltten permission of the owner of record of the property on which the stand 1S to be located. C. The name(s), address (es) and telephone number(s} of each person involved in the sale of flreworks. -2- .~ e e . D. A deta11ed descrlptlon of the record keeping system to be ut1l1zed in order to account for the receipts, expenses and profits of each location authorized for the sale of f1reworks hereunder. E. A detalled schedule of the date(s} and hours that sales of flreworks are proposed to be made. F. A statement of the specific soc1a1 service or charitable purpose to Wh1Ch proceeds wl11 be devoted. G. A fully executed indemnification agree- ment satisfactory to the City Attorney. H. An irrevocable certiflcate of llabil1ty insurance sat1sfactory to the City Attorney 1n type, form, and amount. I. Payment to the Clty of Santa Monica a permit fee of one hundred flfty dollars ($l50.00), a clean1ng deposlt of one hundred dollars ($100.00) and a promise to pay an a~ount equal to ten percent (IO%) of gross receipts from fireworks sales, as speclfied ln Sections 6730 and 6731. Sect10n 6723. ORG~~IZATIONS. PEID1ITS TO NON-PROFIT Permits under this Chapter, may -3- ~ e e . only be lssued to non-proflt char1table organ1zatlons ln operation continuously in the City of Santa lfunica for flve (5) years prior to applicat10n for a perm1t~ Sectlon 6724. LIMITATION ON PERMITS. No organ1zatlon, 1ncludlng all of lts sub- sldlaries and auxll1ar1es, otherwise eligible for a permit hereunder, may receive more than one (I) perm1t for one (I) locatlon for flreworks sale during anyone (I) calendar year. One (I) permlt may be issued to two (2) or more qual1fYlng applicants, as a ]Olnt venture. Sect10n 6725. OPERATION OF STAND. A. No person other than the perm1tee organl- zation shall operate the stand for which the permit is issued, or share or otherwlse partl- C1pate ln the profits of the operation of said stand. B. No person other than the individuals who are members of the permitee organization or the wives or husbands or adult children, over the age of elghteen (18) years, of such members, shall sell or otherwlse participate in the sale of flreworks at such stand. -4- e e . c. No person shall be pald or recelve any conS1deratlon for sell1ng or otherwise partl- clpat1ng ln the sale of safe and sane flreworks at such stand. D. All debris shall be cleared from the fireworks stand site by noon, July II. E. No person shall be allowed 1n the lnterlor of any fireworks stand except those dlrectly engaged in the sale of fireworks. F. All persons engaged in the sale of f1re- works shall be over the age of elghteen (18) years. G. Every flreworks stand shall have an adult watchman ln attendance and in charge thereof while fireworks are stored there1n, lnclud1ng such t1mes as the stand is not being used for the sale and dlspensing of f1reworks. H. Sales of flreworks shall not begln before 12:00 o'clock noon on the 28th day of June and shall not continue after 8:00 P.M. on the 4th day of July. Stands shall not be open between the hours of 10:00 P.M. and 6:00 A;M. I. All unsold stock and accompanYlng lltter shall be removed from the location by 12:00 o'clock noon on the 6th day of July. J. The flreworks stand shall be removed from the temporary location by 12:00 o.clock noon on -5- CA RLK:A:mc ~cil~9. 05-08-79 Santa Moni~californ1a the lIth day of July, and all accompanying litter shall be cleared from said location by said t1me and date. K. Fireworks shall be sold only from wlthin the fireworks stand. L. No person shall sell fireworks, whether 11censed or not, to any person under the age of sixteen (16) years. Sectlon 6726. TEMPORARY FIREWORKS STANDS. All retail sales of "safe and sane" fireworks shall be permitted only from wlthin a temporary fireworks stand, and sales from any other bUllding or structure are hereby prohlb1ted. Temporary stands shall be subJect to the following provis1ons: A. Flreworks stands need not comply wlth the provis1ons of the BU1lding Code of the City of Santa Monica; provided, however, that all stands shall be erected under the supervlsion of the Director of the Department of Buildlng and Safety, who shall require that stands be constructed ln a manner that will reasonably insure the safety of attendants and patrons. B. If, 1n the judgment of the Chief of the Flre Department or the Director of BU1lding and -6- e e e Safety, the construction of any stands or the conduct of the operations therein do not conform to the provlsions of thlS Chapter, such offlcers, or elther of them, may order such stands 1mmedlately closed. C. The front of all fireworks stands shall be completely enclosed from the counter to the roof wi th hard\.vare Wlre cloth, the opening of which shall not exceed one quarter (1/4) inch ~n size; except for open~ng to permit dellvery of merchandise to the prospective customer, which open1ng(s} shall not be larger than twelve (12) inches by elghteen (18) inches in Slze. D. All merchandlse shall be stored or dis- played at a dlstance of not less than three (3) feet from the front and slde walls of sald stands. E. No stand shall be constructed which has a depth of more than twelve (12) feet. F. Each stand in excess of twenty (20) feet in length shall have at least two (2) exits; and each stand ln excess of thlrty {30} feet In length shall have at least three (3) eXlts, spaced approximately an equal dlstance apart; prov1ded, however, that 1n no case shall the dlstance between exits exceed twenty (20) feet. -7- e e . G. EX1ts shall be arranged so that there wlll be egress available in at ~ast two (2) directions from any place wlthin the stands, which eX1ts shall be approximately diamet- rically opposed. Each stand shall be equlpped with at least one (l) f1re extinguisher for each exit in the stand, WhlCh f1re extin- gUlsher(s} must be approved as to efflciency and safety by the Chlef of the Fire Department and be easlly accesSlble for use in case of fire. H. Stands shall not be located closer than two thousand (2,000) feet apart. I. No stand shall be placed w1thln ten (10) feet of a public way, unless permlss10n to do so 1S first obtained from the City Council. J. No stand shall be located less than twenty (20) feet from any side or rear property line, nor less than twenty (20) feet from any other building or structure. K. No motor vehicles, trallers or campers shall be parked or allowed to remain closer than twenty flve (25) feet from any stand at t1mes when flreworks are stored wlthin such stand. -8- e e . L. All weeds and combustible materials shall be cleared from the location of the stand, ~ncludlng a distance of at least twenty (20) feet from and surround1ng any part of the stand. M. "No Smoklng" slgns shall be promln- ently displayed on each stand. The Slze of the lettering shall be subject to the approval of the Flre Chlef. No smoking shall be allowed inside the stand or w1thln twenty f~ve (25) feet of the stand. N. Exit doors must sw~ng in the directlon of egress and shall comply wlth suhsectlons (C) and (D) of Sectlon 3303 of the Uniform BUlldlng Code. Section 6727. TE~1PORARY SALES TAX PERMIT REQUIRED. Organizations licensed for the selllng of flreworks hereunder are requlred to obtain a temporary sales tax permit from the regional offlce of the State Board of Equalizatlon. Section 6728. DISFLAY OF PERMIT AND SALES TAX PEmUT. The permit to sell flreworks and temporary sales tax permit shall be -9- e e . displayed in a prominent place in the flreworks stand. Sectlon 6729. FINANCIAL STATEMENTS. Each organization granted a perrnlt shall subm1t to the Director of Finance by August l5th of the permlt year, a verified flnanclal statement setting forth the total gross receipts and a check equal to ten percent (10%) of the gross sales from each stand from which fireworks have been sold, all expenses incurred and pald in connection with the purchase of the f1reworks and the sale thereof, and a detailed analysls of the distrlbutlon and use of the net proceeds. Sectlon 6730. FIRE PREVENTION EDUCATION FEE. Each permitee shall pay to the City of Santa Monica, by August 15th of the permit year, an amount equal to ten percent (lO%) of the gross rece1pts from fireworks sales for the purpose of flre preventlon and safety educatlon. Section 673l. ADMINISTRATIVE FEE AND CLEANING DEPOSIT. Permitee shall pay a fee of one hundred flfty dollars ($150.00) to cover the costs of administration, 1nspectlon, and super- V1510n and shall further pay a cleanlng -10- e e e depos1t of one hundred dollars ($lOD.DO). Section 6732. SELECTION OF PERMITEES. No more than five (5) perroits shall be issued in anyone (l) year. If there are more than five (5) quallfied appl1cants, perm~tees shall be selected by random drawing in a manner establ1shed by the City CounCl1 by resolution. Prov~ded, however, that no organlzation, including all of ltS subsidiarles and aux1l1aries, may be granted more than one (1) permlt. SECTION 2. Any provislons of the Santa Monica Munlcipal Code, or appendices thereto inconsistent herewith, to the extent of such inconslstencies and no further, are hereby repealed or modlfied to that extent necessary to effect the provisions of thlS ordinance. SECTION 3. If any section; subsectlon, sentence, clause or phrase of th1S ord1nance lS for any reason held to be invalld or unconstitutlonal by a decision of any court of com- petent jurisdictlon, such declsion shall not affect the val1dity of the remalnlng portions of the ordinance. The City Councll hereby declares that lt would have passed this ordlnance and each and every section, subsection, sentence, clause or phrase not declared invalld or unconstltutional without regard to -ll- < . CA RLK:e:mc ~ncl1 Mtg. 05-08-79 Santa Monica~californ1a whether any port1on of the ordinance would be subsequently declared invalid or unconstltutlonal. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of th1S ordlnance. The Clty Clerk shall cause the same to be pUblished once in the offic~al newspaper wlth1n fifteen (l5) days after its adoptlon. The ordlnance shall become effectlve after thlrty (30) days from its adoption. ADOPTED and APPROVED this 22nd day of May ./ 1979. (L .~-y~ h . fJ.. - 9- Mayor Pro Tempore ATTEST: - - ~,~~ - j C/ ~ CI--: . ~~ .City_J,.erk .~.......- /~ . - f .- ./ ;;;; AS Q'i 'ty A1:tqi'"n~y . . 'J -12- e e . ..'J, ~ ADOPTED AND APPROVED THIS 22nd DAY OF Mav J 1979. f4k h ~ - f4AYOR PRO TEHPORE I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~ No. 1126 J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 8th DAY OF May . J 1979; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 22nd DAY OF BY THE FOLLOWING COUNCIL VOTE: May J 1979 AYES: COUNCILMEMBERS: Jennlngs, SWlnk, Yannatta, Mayor Pro Tempore Reed NOES: COUNCILMEMBERS: Ba~brick, Scott ABSENT: COUNCILMEMBERS: Mayor van den Steenhoven ATTEST: /7 -:' - y -_ i1 ~-~ J'iTy-k~ER1>~~~ -~ - ~~~