(A) No permit to sell safe and sane fireworks shall be issued to any person, except nonprofit organizations, as defined in this chapter. Permits shall be issued using a lottery system and by City Council selection, as explained more fully below.
(B) Applications from qualified nonprofit organizations desiring to participate in the lottery selection must be received by the City Clerk prior to February 1 each year, with the exception of 2014, when the applications can be submitted prior to April 1. The City Manager shall determine whether the applicant nonprofit organization is qualified, pursuant to this chapter, to be included in the lottery selection process. An applicant who is denied participation in the lottery selection process may appeal the City Manager’s decision by submitting a written appeal, accompanied by an appeal fee as set by the City Council, to the City Clerk within 15 days of the City Manager’s decision. The City Council shall consider the appeal prior to conducting the lottery selection for the issuance of permits at its second regularly scheduled Council meeting in March and shall consider public comment and any evidence presented by the applicant at that time. The City Council may revise, modify or sustain the denial after the public hearing, and its decision shall be final. If the Council decides to reverse the City Manager’s decision, the applicant will be included in the lottery. For 2014, the lottery will be held at the second regularly scheduled meeting in April.
(C) A nonprofit organization, including its affiliated organizations, may submit no more than one application for a permit to sell safe and sane fireworks within the city. If more than one application is submitted on behalf of any nonprofit organization, including an affiliated organization, only the first request submitted will be honored and entered into the lottery.
(D) One permit entitles the qualified nonprofit organization to one fireworks stand, which shall operate on the location listed on the permit.
(E) The maximum number of permits which may be issued and the maximum number of safe and sane fireworks stands that will be permitted pursuant to this chapter during any one calendar year shall not exceed one permit for each 3,000 residents of the city, or fraction thereof, based on the latest California Department of Finance estimate published before the end of the permit application filing period.
(F) Applicants selected to receive a permit to sell safe and sane fireworks under the lottery process will not be allowed to participate in the lottery for the next calendar year.
(G) Two or more qualified applicants may be issued a permit as a joint venture. Applicants wishing to be considered as joint ventures must list the other nonprofit(s) they would like to be joined with on their application. Joint ventures may each submit a separate application listing the other nonprofit(s) on the application.
(H) 1. Permits issued pursuant to this chapter are valid only during the period specified on the permit in the calendar year issued.
2. Retail sales of safe and sane fireworks shall be permitted only from temporary fireworks stands. The sale of safe and sane fireworks from any other building or structure is prohibited.
(Ord. 611, passed 3-4-2014)