(A) General. This section establishes the requirements and procedures to obtain a permit for the retail sale of safe and sane fireworks or fireworks kits within the city.
(B) Application.
(1) Timing. In addition to the requisite license from the State Fire Marshal pursuant to Cal. Health and Safety Code §§ 12500 et seq., application must be made to the City Clerk for a retail sales permit on or before the last Friday in March of the calendar year for which the permit is sought. Permit applications may be obtained from the Office of the City Clerk.
(2) Eligibility and granting of permits. Eligibility shall only be open to those tax-exempt organizations as defined under Code Section 501 (c)(3) of the Internal Revenue Code, one permit per each tax-exempt identification number. Every year, the City Clerk shall review all applications for timeliness and proper qualifications and shall issue a maximum of nine permits in any given year to qualified, timely applicants, one of which shall go to the Indio Youth Task Force. If the City Clerk shall have in excess of nine timely applications, the City Clerk shall select a total of eight permitees from the pool of qualified, timely applicants based on a lottery.
(3) Notice. Applicants shall be notified of the granting or denial of the permit on or before the first Monday in May of each calendar year.
(4) Limitations.
(a) Retail sales of safe and sane fireworks shall be authorized only during the period of 12:00 noon and 10:00 p.m. on June 28 of each year and 9:00 a.m. through 10:00 p.m. each day from June 29 through July 6 of the same calendar year and such license shall expire at the end of such period. Retail sales of safe and sane fireworks shall be prohibited on any other date or time during any calendar year.
(b) No temporary safe and sane fireworks stand may be erected prior to June 18 or remain in place after July 6 of the same calendar year.
(C) Permit authority. The City Clerk may grant or deny the issuance of a permit for erection of a temporary safe and sane fireworks stand and the retail sales of safe and sane fireworks pursuant to the delegation of such authority by the city. If an applicant believes its application was improperly excluded from the pool of qualified and timely applications, the applicant may receive a hearing by the City Manager to appeal the denial of a permit, at which time the City Manager may reverse, modify, or sustain the denial.
(D) Permit requirements. The following provisions apply to each of the nine permittees for the retail sale of safe and sane fireworks:
(1) By August 1 of each year following the sales period authorized in subsection (B)(4) above, each applicant shall remit to the city an amount equal to 7% of gross receipts, as that term is defined in § 110.01 of this Code as a pro rata portion payment of the cost to the city of processing and issuing payments, inspection of fireworks stands, public education and awareness campaigns regarding fireworks, and fire operation and suppression efforts related to safe and sane fireworks;
(2) Once issued, permits shall not be transferable, assignable or renewable. Any permit issued shall be valid only for the dates and location specified in the permit. Only one temporary safe and sane fireworks stand may be operated by each permittee;
(3) The applicant must be insured for the minimum coverage amounts of $1,000,000/$1,000,000 for potential public liability and property damage in connection with the operation of the temporary safe and sane fireworks stand. The city must be named as an additional insured under the insurance policy;
(4) Each permittee is required to obtain a City of Indio Special Events Business License;
(5) Each permittee is required to obtain a State Board of Equalization Permit;
(6) All permit requirements must be completed and returned to the City Clerk by 5:00 p.m. on June 1 of the calendar year for which the permit is sought;
(7) Each organization must be issued a license from the State Fire Marshal pursuant to Cal. Health and Safety Code §§ 12500, et seq.;
(8) Each organization must be a nonprofit association or corporation organized primarily for veteran, youth, patriotic, welfare, civic betterment, or charitable purposes;
(9) Each organization must have its principal and permanent meeting place within the territorial limits of the city, must have been organized and established for a minimum of one year continuously preceding the filing of the application for the retail sales permit, and must have a bona fide membership of at least 20 members, the majority of whom reside in the city;
(10) No permit issued or authorized to be issued by the provisions of this section shall be transferable; and
(11) Failure to meet any of the requirements will result in revocation of the application permit.
(E) Temporary safe and sane fireworks stand requirements. Each of the nine selected permittees must submit to the Fire Chief a plot plan approved by the owner of the property upon which the applicant will construct a temporary fireworks stand for the sale of safe and sane fireworks. The Fire Chief shall make an investigation of the proposed site to ensure compliance with the following:
(1) The temporary fireworks stand erected for the retail sale of safe and sane fireworks must be constructed under the supervision of the City Building Department Inspector in such a manner as will reasonably ensure the safety of salespersons and patrons. An electrical permit must be obtained if a temporary power pole is required;
(2) The temporary fireworks stand shall have at least two exits, each at least 30 inches in width, in locations to be approved by the Fire Chief. The stand shall be located at least 25 feet from any other structure or property line of adjoining land. Minimum setback from the public sidewalk shall be ten feet. No stand shall have a floor area in excess of 260 square feet;
(3) At least two water base fire extinguishers shall be present in each temporary fireworks stand. The extinguishers shall be subject to inspection by the Fire Chief;
(4) There shall be at least one adult present in the temporary fireworks stand who is 21 years of age or over during all hours of retail sales. No person under 18 years of age shall sell fireworks at such stand;
(5) No smoking shall be allowed in the temporary fireworks stand nor within ten feet thereof. No alcoholic beverages shall be allowed on the premises;
(6) All weeds and combustible material shall be cleared from the location of the temporary fireworks stand including a distance of at least 25 feet surrounding the stand;
(7) Signs stating "NO SMOKING" and "NO SALES TO ANYONE UNDER SIXTEEN (16) YEARS OF AGE:" and all permits must be posted in a conspicuous place;
(8) An alert night watchman, at least 21 years of age, must be provided by the permittee to guard the temporary fireworks stand during the hours of storage;
(9) If a portable power generator is utilized, it shall be screened or otherwise isolated to prevent public access and shall be located a minimum of 25 feet from the temporary fireworks stand. No combustible material shall be stored/placed within 25 feet of the portable generator. A minimum 2A10BC extinguisher shall be on site;
(10) Motor vehicles shall be parked or otherwise located a minimum of 25 feet from the temporary fireworks stand;
(11) A safety handout in English and Spanish shall be provided with each purchase, and the handout shall also be posted on the temporary fireworks stand in a location visible to the public;
(12) No dangerous fireworks or exempt fireworks shall be sold, offered for sale, distributed from, offered for distribution, given away, offered to be given away, displayed, or stored on any temporary fireworks stand; and
(13) No other merchandise, goods, or items of any kind shall be sold, offered for sale, distributed from, offered for distribution, given away, offered to be given away, displayed, or stored on any temporary fireworks stand.
(F) Revocation: remedies. In addition to all other remedies set forth in this chapter, failure to remove the temporary fireworks stand in accordance with this chapter will result in the assessment of a penalty of $50 per day that the stand remains in place, or portion thereof. The Fire Chief may revoke the permit granted to any permittee that is operating a temporary fireworks stand in violation of the provisions of the permit, or of this chapter. Such permittee shall not be eligible for a new permit for a period of one year thereafter. The remedies and penalties prescribed by this section or which are available under any other provision of this code are cumulative and non-exclusive.
(Ord. 1787, passed 11-2-22; Am. Ord. 1799, passed 11-15-23)