The following qualifications must be met by each applicant for a permit issued hereunder:
(A) No permit shall be issued to any organization except a nonprofit corporation or association with a bonafide membership of at least 20 members or more (excluding advisors, etc.) in the city, organized primarily for veteran, patriotic, welfare, civic betterment, religious or charitable purposes, which organization has its principal and permanent meeting place, focus of activities, office or place of worship within the city, and which organization shall have been organized and existing in the city for a minimum period of five years continuously immediately preceding the filing of an application for a permit under these sections governing the sale of fireworks. Notwithstanding anything to the contrary contained in this chapter, no organization whose activities are not primarily oriented toward the city shall be eligible for a permit issued under this chapter. The decision of the City Council with respect to such orientation shall be final. In addition, no organization without at least 40% of its membership being composed of residents of the city shall be eligible for a permit issued under this chapter.
(B) No organization may receive more than one permit for fireworks sale during any one calendar year. One permit may be issued to two or more qualifying applicants as a joint venture. In any given year, an organization may not operate a stand in more than one jurisdiction. Except as hereinafter provided, the maximum number of permits which may be issued pursuant to this chapter during any one calendar year shall be 11.
(C) Four of the 11 stands in Santa Fe Springs are designated to the following organizations:
(1) Santa Fe Springs High School programs. Any organization affiliated with Santa Fe Springs High School must work with the school's coordinator to be a participant and recipient of the benefits of sales at a fireworks stand.
(2) St. Paul High School programs. Any organization affiliated with St. Paul High School must work with the school's coordinator to be a participant and recipient of the benefits of sales at a fireworks stand.
(3) Little Lake City School District school programs. Any organization affiliated with the Little Lake City School District must work with the district's coordinator to be a participant and recipient of the benefits of sales at a fireworks stand.
(4) St. Pius X school programs. Any organization affiliated with St. Pius X must work with the school's coordinator to be a participant and recipient of the benefits of the sales at a fireworks stand.
(5) The high school stands will be located at their respective high schools. The stand for the Little Lake City School District shall be located at the district office. The stand for St. Pius X school programs shall be located on the school/church grounds.
(6) Stands designated under this section must complete and submit an application and adhere to all requirements set forth in § 93.24.
(D) Additional permits may be granted by the City Council, in its sole and absolute discretion, if the Council shall find that additional sites are available for fireworks stands and that it would be in the public interest to grant such additional permits. Additional sites shall not be allowed if they would add to an undue concentration of fireworks stands within the city.
(E) Should the number of qualified applicants exceed the number of permits to be granted by the City Council in any year, then the selection of the permittees from among such qualified organizations shall be determined by a lottery conducted by the City Manager or his designee. Such lottery shall be publicly conducted and each qualified applicant shall be notified in writing at least five days in advance as to the time and place of such lottery. Such lottery will be restricted to qualified applicants who did not receive a permit under this chapter in the previous two years. Should the number of such applicants be less than the number of permits to be issued, the lottery will be held among those qualified applicants which did receive a permit in prior years for such additional permits. An organization representative must be present at the time of the lottery.
(F) The City Council shall deny any fireworks stand permit if it finds that the public peace, health and safety is or would be jeopardized by the issuance thereof. The decision of the City Council shall, in all cases, be final and conclusive.
(‘64 Code, § 9A-5) (Ord. 516, passed 4-14-77; Am. Ord. 701, passed 10-9-86; Am. Ord. 885, passed 3-12-98; Am. Ord. 898, passed 10-14-99; Am. Ord. 951, passed 2-12-04; Am. Ord. 986, passed 1-24-08; Am. Ord. 1017, passed 9-9-10; Am. Ord. 1067, passed 10-8-15)