All applications for a fireworks permit shall comply with the provisions of section 12500 et seq. of the California Health and Safety Code, subchapter 6, article V, of title 19 of the California Administration Code, and any and all rules and regulations established by the State of California and the City of Selma. In addition, each applicant shall be governed by the following:
(A) An application for a fireworks permit shall be filed with the City Manager, or designee, between March 1 and March 31 of each year, along with payment of a non-refundable permit fee established by resolution of the City Council, fireworks permits are not transferable.
(C) No fireworks permit will be granted to an applicant if the following items are not properly and completely prepared and presented to the City Manager, or designee, on or before March 31 of the calendar year during which the fireworks will be sold:
1. State Fire Marshal's license;
2. Temporary seller's permit from the State Board of Equalization;
3. Property owner's permission form (original) signed and currently dated;
4. Storage of safe and sane fireworks form;
5. Address of property where stand will be located;
6. Certificate of insurance as required by the City of Selma; and
7. Certification of compliance with all applicable local laws.
The City Manager, or designee, may extend the March 31 filing date if the City Manager, or designee, determines in his or her sole discretion, that an applicant has attempted in good faith and with due diligence to satisfy all of the requirements in subsections (A) and:
(D) Of this section and that as a result of action or inaction on the part of other persons or entities, which are beyond the applicant's control, the applicant has been unable to satisfy the requirements of subsections (A) and (C) within the required time periods.
(E) No change of stand locations will be permitted without the prior approval of the City Manager, or designee.
(F) All fireworks stands must be removed on or before twelve o’clock (12:00) noon on July 7 of each respective year provided, however, that all unsold fireworks stock and accompanying litter shall be removed from the stand on or before ten o’clock (10:00) P.M. on the last day.
(G) No person shall sell, or offer for sale, any fireworks within a distance of one hundred feet (100') of any pump or dispensing device of any flammable liquids.
(H) No fireworks stand shall be located within thirty feet (30') of any adjacent buildings, burnable materials, grass, paper, or like flammable materials.
(I) No fireworks stand shall be located closer than ten feet (10') from any public roadway or back of curb, or in any location which does not otherwise meet the approval of the City Manager, or designee,
(J) No sale or display of fireworks will be allowed inside any permanent building.
(K) Each fireworks stand shall have minimum of two (2) exits which shall be located and provided on opposite sides. Each shall be at least thirty-two inches (32") wide. Fireworks stands with only three (3) sides and open from the back will not require exits.
(L) If stands are operated at night, only electric lights may be used.
(M) "No Smoking" signs shall be located on all sides of the stand. Each sign all have the words "No Smoking" in red letters, not less than two inches (2") in height, with a minimum one and one-half inch (1-½”) stroke on a white background.
(N) One approved two and one-half (2-½) gallon pressurized, water-type fire extinguisher and/or one five (5) pound multi-purpose ABC fire extinguisher or garden hose fully charged with shutoff nozzle attached, shall be provided in the stand's sale area. There shall be no exceptions to this requirement. The fire extinguisher must be in operating condition, with an up-to-date inspection tag indicating that the fire extinguisher has be serviced within the past year.
(O) Fireworks signs shall not create a traffic hazard and must be approved by the City Manager, or designee.
(P) All permittees shall instruct all employees and persons who handle fireworks in any capacity, of the hazards of fireworks and with these rules and safety precautions governing fireworks.
(Q) All persons selling fireworks shall be trained in emergency procedures, including the use of fire extinguishers.
(R) Persons employed for the sale of fireworks shall be at least eighteen (18) years of age. Proof must be shown at any time when requested by the City Manager, or designee.
(S) No person under sixteen (16) years of age shall purchase fireworks.
(T) No sleeping inside the fireworks stand will be permitted at any time.
(U) The stand and surrounding area shall be maintained in a clean, neat and orderly condition at all times and be free from any condition that would create a "fire nuisance."
(V) No person shall use or handle fireworks while under the influence of intoxicating liquids or narcotics. Alcohol and narcotics are prohibited within the fireworks stands.
(W) Smoking shall be prohibited where fireworks are stored or handled.
(X) No person, other than a member of the organization or a volunteer who is associated with the organization having a permit, shall be permitted to sell or to otherwise participate in the sale of fireworks.
(Y) No permit issued or authorized shall be transferable or assignable.
(Z) No person shall light, or cause to be lighted, any fireworks or other combustible article within any stand or within two hundred feet (200') thereof.
(AA) The applicant's State license, City fireworks permit, and temporary sales permit issued by the State Board of Equalization shall be displayed in a prominent place in the fireworks stand. (Ord. 2021-3, 6-21-2021)