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sr-050178Santa Monica, Cal:'`ornia, May 1, 1978 T0: Mayor and City Council FROM: City Staff SUBJECT: Sale of Safe and Sane Fireworks ~CU~o~"2°utl Introduction This report transmits 1) information to Council regarding sale of safe and sane fireworks in cities in Los Angeles County; 2) a resolution and pro- posed ordinance establishing regulations and permit fees to allow the sale of safe and sane fireworks within the City of Santa Monica. Background City Council, at its regularly scheduled meeting of April 11, 1978, directed staff to present a report regarding the sale of safe and sane fireworks and directed that a resolution and ordinance be prepared to regulate such sales. Safe and sane fireworks are currently sold in approximately 40 cities in Los Angeles County: These fireworks are pyrotechnic devices which have been tested and approved by the State Fire PQarshal of California as being "safe and sane" as contrasted with other devices that have been declared "dangerous" and prohibited for sale, use or possession in California. In order to be approved by the-State Fire Marshal, safe and sane fireworks must not explode, rise into the air, discharge balls of fire, dart or travel around the ground in an uncontrolled manner or contain poisonous chemicals. In general, they are devices which create an audible or visual effect without being dangerous. T0: Mayor and City Cc•,ncil -2- May 1, 1978 If the item submitted to the State Fire Marshal's Office for testing passes the regular standards that are applied, the item may be lab led "safe and sane" and carry the State Fire Marshal's seal of approval. Survev Results Staff contacted 26 cities in Los Angeles'County which allowed safe and sane fireworks to be sold. Information was obtained regarding: A) What groups may sell fireworks. B) Number of stands permitted per group. C) Criteria for granting permits. D) Amount of permit fee. E) Cleaning deposits. F) Dates and hours of sale. G) Location of stands. Organizations Permitted to Sell Fireworks Seventeen cities stated that only non-profit organizations based within their jurisdictions were able to safe and sane fireworks. Three cities stated only veteran groups were able to sell fireworks. Number of Stand9 Permitted Thirteen cities set forth a specific. limit on the number of permits issued for the sale of fireworks because sale was limited to non-profit organi- zations based within their city. Nine cities had a limit of one stand per organization. T0: Mayor and City (?-,ncil -3- MaY 1, 1978 Number of Permits Staff arrived at a ratio of firework permits per population (City's population divided by number of firework permits approved). This ratio ranged from one permit (firework stand) per 608 people in San Fernando to one permit [firework stand) per 5,113 people in West Covina people. Permit Fee The average-ratio was one stand per 3,-059 Eighteen of the 26 cities stated that a permit fee was required in order for an organization to obtain a permit to sell fireworks. These fees ranged from $15.00 (in Pico Rivera and Lynwood) to $330.00 jin Redondo Beach). The average permit fee was $145.39, Cleaning Deposit Twelve cities required a cleaning deposit. This fee would help to insure that the area in which the firework stand existed would be cleared up by a given date. These deposits ranged from $10.00 in Paramount to $200 in Monterey Park. The average cleaning deposit was $61.25. Current Sale - Period of Limitation California State law states that fireworks can be sold from noon on June 28th until noon on July 6th. Cities may authorize-the sale of fireworks within these dates but may not authorize sale of fireworks outside this time frame. Thus, many cities allow sale of fireworks from moon on June 28th until at least midnight on July 4th. Twenty-five cities do not restrict hours of sale during these dates, therefore, sale of fireworks exist 24 hours a day_during the authorized dates. T0: Mayor and Gity Cou""0l -4- May 2, 1978 Nine of the 26 cities allowed firework sales to begin at noon June 28th and 12 cities prohibited sales after midnight July 4. Two cities allowed firework sales to continue until noon July 6th. Stand Location Cities' Zoning Departments set forth various restrictions as to location of firework stands. Most state that the fireworksstand operator must have the written permission to sell fireworks from the property owner on which the stand is located. Stands are permitted. only in certain zones and restrictions are set forth regarding the distance between firework stands. If Council allowed the sale bf safe and sane fireworks, they could be sold in any commercial or industrial zone in the-City of Santa Monica under current zoning regulations. Other Requirements Certain requirements are set forth by the cities which allow sale of .safe and sane fireworks. Every city stated only adults were allowed to operate the firework stand. All cities set forth restrictions governing the maintenance of the stands. Permit Process Should Council decide to adopt an ordinance allowing the sale of safe and sane fireworks in the City of Santa Monica, the following process should be followed by groups wishing to obtain a permit to sell safe and sane fireworks: 1. Only non-profit organizations based in the City of Santa Monica would be able to apply for a permit to sell safe and sane fireworks. This will enable organizations who work for the benefit of the community ,'O: Mayor and City Cour'` l -S- May 2, 1978 to receive funds through the-sale of the fireworks All applications should be submitted annually by February 1st. 2. A copy of the written permission from the owner of the property on which the stand is to be located would be submitted with each application. 3. No more than five non-profit organiza"tions would be granted permits to sell safe and sane fireworks. No more than one stand per organization would be permitted. 4. If there are more than five applications, a lattery would be held at the first regularly scheduled Council Meeting in March to determine which five non-profit organizations based in the City of Santa Monica would be allowed to sell safe and sane fireworks. S. A permit fee of $150 would be required. This permit fee would cover costs incurred for inspection by Fire and Building Department Personnel. 6. A cleaning deposit of $100 would be required. This will insure the timely clean- up of the firework stand area, so that adjacent property owners would not be concerned with debris causing a possible litter condition. All debris would be cleared from the fireworks stand site by noon on July 11th or the $100 cleaning deposit would not be refunded and would be used to defer a City clean up cost. 7. Construction of a firework stand would not begin prior to June 15. 8. Only safe and sane fireworks would be sold within the City of Santa Monica. Each permit would be valid only for these dates of sale: noon, June 28th through midnight-July 4 (if July 4 falls on a Sunday, sales may then con- time to midnight-July S). 'i`~9: Mayor and City Cour 1 -6- May 2, 1978 Recommendation Staff recommends City. Council introduce the attached ordinance allowing the sale of safe and sane fireworks in the City of Santa Monica with the provisions outlined above and in the attached exhibit. Prepared by: Captain Robert Prickett Fire Department Mark C. Pusinelli Administrative Aide RP:MCP:dar APPENDIX SAFE AND SANE FIREWORKS ORDINANCE 1. Fireworks stands need not comply with the provisions of the Building .Code. of the-City; provided, however, that all stands be erected under the supervision of the Director of Building and Safety who would require that stands be constructed in a manner which: would reasonably insure the safety of attendants and patrons; 2. If, in the judgment of the-Chief of the Fire Department or the Director of Building and Safety, the construction of any stands or the conduct of the operations therein: did not conform to the provisions of this Article, such officers, or either of them,-, may order-such stands immediately closed; 3. The-front of all fireworks stands would be completely enclosed from the counter to the roof with hardware wire cloth, the opening of which would not exceed one-quarter (1/4) inch in size; except for opening to permit delivery of merchandise to the prospective customer, which openings would not be larger than twelve (12) inches by eighteen (18) inches in size; 4. No persons would be allowed in the interior of the stands except those directly employed in the-sale of fireworks; S. All persons engaged in the selling of fireworks would be over the age of 21; 6. All merchandise would be stored or displayed at a distance of not less than three (3) feet from the-front and sidewalk of the stands; 7. No stand would be constructed which has a depth of more than twelve (12) feet; 8. Each stand in excess of twenty (20) feet in length would have at least two (2) exits;. and each stand in excess of thirty (30) feet in length would have at .least three (3) exits spaced approximately an equal distance apart; provided, however, that in no case would the distance between exits exceed twenty (ZO) feet; 9. Exit doors would swing in the direction of egress and would comply with subsections c) and d) of Section 3303 of the Uniform Building Code; 10. Exits would be arranged so that there would be egress available in at least two (2) directions from-any place within the stands, which exits would be approximately diametrically opposed; 11. All stands would be equipped with at least one (1) fire exting- uisher for each exit in the stand, which fire extinguishers must be approved as to efficiency and safety by the Chief of the Fire Department. 12. Stands in excess of two (2) would not be located closer than two. thousand (2,000) feet apart; 13. No stand would be placed within ten (10) feet of a public way, unless permission to do so k-first obtained from the City Council; 14. No stand would 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; 15. No motor vehicles, trailers, or campers would be parked or allowed to remain closer than 25 feet from any stand at times when fireworks are stored within the said stand; 16. All weeds and combustible material would be cleared from the location of the stand, including a distance of at least twenty (20) feet from any part of the stand; 17. Each stand would have an adult watchman in attendance and in charge thereof when the stand is not being used for the sale and dispensing of fireworks; 18. The sale of fireworks would not begin before 12:00 o'clock noon on-the 28th day of June and would not continue after 12:00 o`clock midnight on the 4th day of July (if the Fourth of July falls on a Sunday, the sales would continue until midnight on the Sth). 19. All unsold stock and accompanying litter would be removed from the location by 12:00 o'clock noon on the 6th day of July; 20. The fireworks stand would be removed from the .temporary location by 12:00 o'clock noon on the 11th day of July, and all accompanying litter would be cleared from said location by said time and date; 21. No person would be paid or receive any other consideration for selling or otherwise participating in the sale of safe and sane fireworks; 22. No smoking signs would be prominently displayed on the firework stand. Size of lettering would be subject to the approval of the Fire Chief.- No smoking would be allowed inside the stand or within 25 feet of the stand; 23. Fireworks would be sold at the stand only; 24. It would be unlawful to knowingly-sell fireworks to any person under 16 years of-age; 25. No person other-than the individuals who are members of the licensee organization or the wives or husbands or-adult children over the age o£ 21 of such members would sell ar otherwise participate in the sale of fireworks at such stand; 26. No person other than the licensee organization would operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand; 27. Financial Statements A. Each organization granted a permit during the prior year would submit, at the time of filing application for a firework stand permit, a verified financial statement setting forth a total gross receipts from each stand from which fireworks have been sold; all expenses incurred and paid in connection with the purchase of the fireworks and the sale thexeof; and a detailed analysis of the distribution and use of .the .net proceeds. B. The filing of such a verified financial statement would be a condition precedent to the granting of any subsequent permit to any such licensee. 28. Each stand would be located only in a commercial or industrial zone in the City of Santa Monica; 29. Insurance in the amount of $1 million single limit liability would be required by each stand operator.