(A) Condition of sale. It is unlawful for any person, firm, corporation, association or organization to sell or offer for sale any fireworks within the city, except as expressly permitted under the terms of and for the time period set forth in this section.
(B) Time of sale. Subject to the provisions of the State Fireworks Law (Cal. Health and Safety Code, Division II, Part 2 and §§ 12500—12637), and the provisions of this code and Cal. Health and Safety Code § 12599.5, "safe and sane" fireworks as defined in Cal. Health and Safety Code § 12529, may be sold within the city beginning at 12:00 p.m. on June 28 through 12:00 p.m. July 6 (hereinafter "days of sale"). The daily hours of sale on days of sale shall be 9:00 a.m. to 11:00 p.m. Pyrotechnic displays may deviate from these restrictions subject to applicable provisions of the Cal. Health and Safety Code, and provided they are approved by the Fire Chief or his or her designated representative.
(C) Permit required. No person, firm, association, corporation or organization shall sell fireworks within the city without first having obtained a permit thereof ("fireworks permit"). Prior to issuance of a permit the requesting party shall fulfill all municipal licensing requirements and fire safety conditions outlined by the Fire Department. All permit applications shall be received in the Fire Marshal's office by no later than 5:00 p.m. May 1, of each year. Each sales booth must obtain its own permit.
(D) Information required for application. Each applicant for such permit shall file a written application within the Bureau of Prevention including:
(1) Tulare Fire Department Fireworks Application Form;
(2) Property Use Agreement Form with required signatures;
(3) Certificate of Liability Insurance;
(4) State Fire Marshal Fireworks Retail License; and
(5) Copy of the organizations non-profit status, such as 501 C3 filing.
(E) Qualified organization. Permits shall only be granted to nonprofit organizations, corporations or local community service organizations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes (hereinafter "qualified organization"), which can demonstrate that a majority of their financial resources and manpower are donated to projects of benefit to the total community within the city limits of Tulare.
(F) Number of available fireworks permits.
(1) The total number of fireworks permits available to the public shall be determined by one booth for every 4,500 persons residing within the city as determined by the Planning Department population statistics.
(2) (a) Once approved for a fireworks permit, a qualified organization shall maintain the right to that permit from year to year unless terminated by any of the following:
1. A failure to engage in the business of retailing safe and sane fireworks in the city during the prior calendar year;
2. A safety violation that in the determination of the Fire Department created or had the potential to create a danger to the public;
3. A failure to maintain the requirements of this section; or
4. Any other violations of federal, state, or local law.
(b) Such termination is immediate. An appeal may be made to the City Council by giving notice to the City Manager within five days of receipt of the notice of revocation.
(3) If a permit becomes available, either due to termination, voluntary relinquishment, or an increase in population, a notice shall be posted publicly for a two-week application process. All completed applications will be reviewed and one eligible organization will be selected randomly by the City Clerk's office to fill the vacancy. Applications can be picked up at either the Fire Department or the City Clerk's office. All completed applications must be turned in to the City Clerk's office by the date and time specified in the public notice.
(G) Application insurance requirements. Each applicant for a permit shall provide, prior to the issuance of any permit, a policy of public liability insurance with coverage of at least $1,000,000.
(H) Fees.
(1) Prior to issuance of a fireworks permit, a permit fee, as determined by the current fee schedule for fireworks booth investigation, must be tendered to the city upon receipt of permit.
(2) A $50 safety clean-up fee is required for each organization approved to sell. This fee is forfeited to the city in the event that the sales booth site is not left in a clean and orderly condition. Organizations forfeiting this fee must resubmit this fee prior to being permitted to sell the following year.
(I) Identification of fireworks booth locations.
(1) Each application shall contain a description of the site desired. Written permission of the property owner must be included in the application.
(2) No booth shall be within 100 feet of any flammable liquid storage.
(3) No booth shall be placed closer than 30 feet to any building or structure.
(4) No booth shall be placed within 400 feet of another booth.
(J) Fireworks booth construction.
(1) All retail sales of fireworks shall be permitted only from within a temporary fireworks booth. The sale from any other building or structure is hereby prohibited.
(2) Fireworks booths need not comply with provisions of the Uniform California Building Code; provided the booth is erected under the supervision of the local Building Inspector who shall require the booth be constructed in a manner, which will, reasonably, ensure the safety of attendant and patrons.
(3) Each booth shall have a minimum of two exit doors.
(4) All lighting appliances used in the booth must be safe and in good condition, all bulbs or fluorescent tubes must be shielded against accidental breakage or contact. No heating devices of any kind are permitted in or near fireworks booths.
(5) All electrical wiring, including the power source, shall be installed to the satisfaction of the Building Inspector. Electrical wiring shall be at least 12 feet above the ground when subject to foot traffic, and 16 feet above the ground when subject to vehicle traffic.
(K) Operational requirements.
(1) No person other than a member of the licensee organization will be permitted to sell or otherwise participate.
(2) All permits are non-transferable.
(3) All persons engaged in the selling of fireworks shall be over the age of 18 years. At least one person 21 years of age or older must be in attendance and in charge during the hours of booth operation.
(4) The hours of operations shall be limited as identified in division (B) of this section.
(5) Fireworks may be sold at the booth only.
(6) No sale or delivery thereof shall be made to any person under 16 years of age in accordance with Cal. Health and Safety Code § 12689(b).
(7) All permits and licenses shall be posted inside the booth.
(8) Broken or damaged fireworks are not to be sold. The items will be collected and a receipt issued so credit may be received from the vendor.
(L) Safety and security.
(1) Each stand shall be provided with two fire extinguishers, rated 2A10BC or better. Such equipment is to be serviceable and accessible during all business hours.
(2) No smoking is allowed within 50 feet of any booth.
(3) "No Smoking" signs shall be placed on all exterior sides of each booth and one such sign shall be posted within the booth.
(4) All weeds and combustible material shall be cleared from the location of the stand or within 30 feet thereof.
(5) No person shall light or cause to be lit any fireworks or other combustible article within 200 feet thereof.
(M) Permit revocation.
(1) If, in the judgment of the Fire Chief or his or her agent or the Building Inspector or his or her agent, the construction of the booth or the conduct of the operation therein do not conform to the provisions of this section or if in any way the operation of the stand poses a threat to public safety, such officers or either of them, may have the permit revoked and/or the booth immediately closed.
(2) No person shall sell, store, hold or possess any fireworks classified as dangerous, including fire crackers, rockets or the like, from or within any booth. If such is discovered, the permit will be revoked and the booth immediately closed.
(3) Failure to remove all traces of the booth and/or any debris resulting from the operation thereof within 48 hours of the close of business on July 6, shall result in the loss of the cleanup security deposit.
(4) On the second Tuesday of May of each year, at 6:00 p.m., there shall be a meeting of all fireworks permittees and the Fire Marshal, at 800 South Blackstone in the city. Any organization failing to have a representative at this meeting will suffer loss of their permit.
(Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016; Ord. 18-06, passed 10-2-2018)