O1126
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Counc..,Mtg. 05-08-79
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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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 ($150.00) to cover the
costs of administration, 1nspectlon, and super-
V1510n and shall further pay a cleanlng
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depos1t of one hundred dollars ($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
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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:
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.City_J,.erk .~.......-
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Q'i 'ty A1:tqi'"n~y
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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:
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