8.44.035 Application—Issuance—Fee.
A. On July 16, 2006, and thereafter, a permit for the sale of safe and sane fireworks may not be issued except to 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 at least one year prior to the filing of application for permit under this chapter and having a bona fide membership of at least thirty-five members. The organization must be one which provides direct and regular community services and benefits to the citizens of the city. A local generally recognized nonprofit organization is eligible to submit one application. Each educational and/or religious organization is eligible to submit one application (signed by the local recognized leader of the organization).
B. All recipients of fireworks permits shall be selected by a drawing (by lot) conducted by the city manager or designee not later than April 10th of each odd year. Each recipient successful in the odd year drawing shall be eligible to reapply for a fireworks permit the following year. Unsuccessful applicants may reapply for a fireworks permit the next odd year.
C. The total number of fireworks permits to be issued shall not exceed one permit per four thousand population, or portion thereof, in the city, as set forth in the prior calendar year annual report of the State Department of Finance, but not less than seventy-five.
D. Applications for fireworks permits shall be submitted by the “applicant” (as opposed to the fireworks vendor) commencing March 1st through March 30th of each year. No applications shall be accepted by the city after March 30th of each year. Applications for the drawing referenced in subsections B and C of this section need not include the state sales tax number nor will require items 3 through 8 of the application form. Those applicants successful in the drawing shall have until May 15th to complete their applications.
E. Except as modified by subsection D of this section, applications for fireworks permits shall be made on forms to be furnished by the city manager or 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 applicant’s business tax certificate number;
3. The location of the proposed fireworks sales;
4. The purpose of the nonprofit organization or corporation including the services provided to the citizens of the city, the number of citizens within the city the organization serves; its principal and permanent meeting place in the city; the approximate date of its establishment in the city; the total number of its local membership; the names and addresses of its officers;
5. 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 facilities, and fire hydrants. For those applicants who were issued a fireworks permit for the preceding year, the plot plan must be submitted with the application package. For those applicants successful in the drawing, plot plans must be submitted by May 15th of each year. Plot plans will be approved or rejected by the fire department by June 15th. Amendment will not be permitted to any plot plan rejected subsequent to the March 30th application deadline for renewal permits or the May 15th deadline for successful drawing applicants, except to correct any violation of the minimum distance separation as required by Section 8.44.040(F);
6. 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 business upon his or her property;
7. Evidence, satisfactory to the city manager or 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 satisfactory 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, judgments, costs or expenses in law or equity that may at any time arise from or is any way related to any work performed by applicant, his agents or employees under the terms of any permit issued under this chapter;
8. Cash bond in the sum of one hundred dollars, to be forfeited to the city in the event the permittee fails to remove said stand, equipment and rubbish from the premises upon which the stand is located before twelve noon on July 15th of the year for which said permit is granted. The cash bond shall be returned to the applicant upon full performance of the requirements of this chapter;
9. Approval from the public works department of the city that operation at the fireworks stand at the proposed location will not present any substantial hazard to vehicular or pedestrian traffic.
F. Location of temporary stands 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 eligible to receive a permit may receive more than one permit for fireworks sales during any one calendar year.
H. All permits issued under this chapter shall remain in effect from noon on July 1st to noon on July 15th unless earlier suspended or revoked.
I. All applicants for permits shall pay a non-refundable fee, on or before March 30th of each year, not to exceed the cost of processing any such application. All successful applicants for permits shall pay a fee, on or before May 15th of each year, not to exceed the full cost of inspecting such business, enforcing this code and providing public information, as well as safety education. All fees shall be established as set forth in Chapter 3.70 of this code.
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. 4333 § 1, 2006; Ord. 4225 § 1, 2004)