Any permitted fireworks stand shall be operated in accordance with the following terms, conditions, rules and regulations:
(A) No person other than the permittee organization shall operate the fireworks stand for which the permit is issued.
(B) No person other than the individuals who are officers or members or immediate relatives of members of the permittee organization shall participate in or operate the fireworks stand. No person under the age of 18 years shall engage in the operation of the fireworks stand nor shall fireworks be sold to any person under the age of 16.
(C) No person shall be paid any compensation for selling or otherwise participating in the sale of fireworks at any fireworks stand. Net proceeds of the sale of fireworks under a permit issued pursuant to this subchapter shall be expended solely for charitable purposes within the city before the end of the fiscal year. Only volunteer help shall be allowed in selling fireworks. Adequate financing records on expenses and receipts shall be maintained in such a way that they can be audited. The permittee shall acknowledge that the city has a right to audit these records. In addition, the permittee shall have a valid and current certificate for tax exemption as provided in Article 3 of Chapter 4 of Part 9 of Division 2 of the California Revenue and Taxation Code.
(D) No fireworks stand shall be located within 25 feet of any other building or structure or 10 feet from any trailer or vehicle, or within 100 feet of any gasoline service station pump island or property on which is stored any flammable liquid nor less than 20 feet from the curb line.
(E) A fireworks stand need not comply with the provisions of the City's Building Code; provided, however, that all such stands shall be erected under the supervision and subject to the approval of the Building Department of the city, which shall require that any fireworks stand shall be constructed in a manner which will reasonably insure the safety of the attendants and patrons thereof, e.g., stands shall be of metal construction, built with a solid roof, rear wall and ends. The stand and any additions to it shall comply with non-combustible construction guidelines. The display shelf shall have a panel of unbreakable or wire mesh, glass or one-fourth inch mesh screen wire between the public and the display of fireworks.
(F) No fireworks stand shall have a floor area in excess of 260 square feet.
(G) Each fireworks stand shall have at least two usable and unencumbered exits. In no case shall the distance between any two exits exceed 32 feet.
(H) Fireworks stands shall be provided with not less than two fire extinguishers of the type and size approved by the Fire Chief.
(I) Fireworks stands shall be located not less than 100 feet apart.
(J) All weeds and combustible material and debris shall be cleared from the location of any fireworks stand for a distance of at least 25 feet surrounding such stand.
(K) All trash resulting from the operation of such stand must be removed on a daily basis. Organizations receiving fireworks permits must arrange for temporary trash receptacles to be placed near the fireworks stand. All trash and other debris resulting from the fireworks stand and its operation must be placed in the trash receptacle.
(L) "No Smoking" signs prohibiting smoking within 25 feet of the fireworks stand and of a size and character to be designated by the Fire Chief shall be prominently displayed on the exterior of each fireworks stand.
(M) Each stand shall comply with the Electrical Code which requires a 120 volt electrical receptacle suitable for wet locations with ground fault circuit interruption protection. Generators are not an acceptable source of electricity unless approved by the City Inspector.
(N) Each fireworks stand shall have an adult person in charge thereof, who shall be within 50 feet of the stand at all times when it contains any fireworks.
(O) Each organization shall send a minimum of three adults to a mandatory training session. These individuals shall be designated as the primarily responsible parties for the operation of the stand. Notification of training session date and time will be sent two weeks prior to training.
(P) Organization representatives must post a copy of this subchapter in the fireworks stand along with a signed copy of the inspection check list and valid permit prior to opening the stand for business.
(Q) All unsold fireworks and accompanying litter at any fireworks stand shall be removed from the stand and from the city by 5:00 P.M. on July 5 of each calendar year.
(R) Each fireworks stand shall be removed from its temporary location not later than 12:00 midnight on July 7, and all accompanying litter or debris shall be cleared and removed from such location by such time and date.
(S) Firework companies working with legal organizations must ensure the prompt delivery and pick-up of firework stands.
(U) Such other regulations as the City Manager may establish for the purpose of protecting the public health, safety or welfare.
('64 Code, § 9A-6) (Ord. 516, passed 4-14-77; Am. Ord. 885, passed 3-12-98; Am. Ord. 898, passed 10-14-99; Am. Ord. 951, passed 2-12-04; Am. Ord. 1037, passed 12-20-12) Penalty, see § 10.97