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Home My WebLink About50 - Sale of Fireworks (Repealed by ORD 160)""f i MANCE O. 50 1N 0R.,_) AA N0JE '�F i HL (, : TY OF' i,J:)T t; ::"JOE :N RU;ULAl I Nle THE SALE F THE CITY ;CF Ir"OSTA MESA. THE C1 Y Y COUNCI t OF THF. CITY OF 'COSTA MESA DOES ORDAIN AS FOLLOWS: SECT I ISN 1. NO PERSON SHALL SELL OR GFrt' R FOR SALE ANY FIREWORKS WITH— IN THE Cs TY EXCEPT: A) IN A REGULARLY ESI ABL I SHED PLACE OF' BUSINESS OPERATING UNDER A DULY ISSUED CITY BUSINESS LICENSE AND NOT OPERATED OR ESTABLISHED FOR THE PRINCI?AL PURPOSE OF SELE_IVG FIREWORKS, OROVIDING THE PERMIT IS FIRST OBTAINED FROM THE WITY COUN:1L AS HEREINAFTER PROVIDED. 8) IN A TE=MPORARY STAND OR STRUCTURE USED FOR THE DISPLAY AND SALE: OF FIREWORKS OPERATED AND MAINTAINED BY A PECOGNI ZE•:D CHART T ABLE9 CIVIC OR PATRIOTRIC GROUP OR ORGANIZATION WITH THE P;:RMIT OF THE CITY COUNCIL OR BY ANY PERSON WHO HAS A LICENSE. TO DO BUSINESS WITHIN THE CITY PkOV1DED SUCH LICENSE HAS BEEN HELD FOR SIX MONTHS PRIOR TO 'Ap— PLICATIONS AND PROVIDED FURTHER A PERVIT IS OBTAINED FROM THE CITY `.a'T`^T I C?1 .. JtilUle_iCU:j F IRC'` FSK . N!0 F I = rE 'ORKS SHALL Ei " SOLD OR OFFERED FOR SALE 'WITHIN 'EH£ CITY *H13H ARE CLASSIFIED A3 itDANGFF^US FIREWORKS;I AS THAT TERM IS DEr M:U BY THE HEALTH AND SAFETY CODE OF THE: STATE.: OF CALIFORNIA. SECT ION 3. LOCA T I (A OF SALE OR tl I '-�PLAY. ALL REGULARLY ESTABL I SH1"D PLACES OF BUL` I NESS IN +H I CH I qr. VORKS ARE SOLD OR OFFCREE) FOR SALE SHALL BE HOUSED IN THE CLOSED FRONT TYPE OF BUILDING OR IF IN AN OPEN FRONT BUILDINGI THE SAID FIREWORKS SHALL NOT BE DISPLAYED OR SOLD WITH— IN ITH—IN TvaE NTY FEET OF THE FRONT OF S.. i D BUILDING* NO FIREWORKS SHALE_ DE SOLD OR OFFLRED FOR SALE IN ANY GASOLINE SERVICE STATIDN) PUBLIC GAR— AGEI PAINT STORE, HAY AND GRAIN STORE CIR OT Hil. i F'LA(;E OF uUS 1 "DESS Lis -TED A;> I�HAZARDOUS BUSINESS`I BY THE NATIONAL �J(1Ai1D OF FIRE UNDERWRITERS. SEC ION 4. TFMI10hARY PERT," IT]). PERMITS FOR i E:V!`)RARY STANDS FOR THE DISPLAY AND SALE /F FI4EWORKS SHALL 8E ISSUED EiY THE CITY (,DUN— a 1- ONLY IN ACCORDANCE 'VIMH E H THE: F'OLL O,V I NG PROVISIONS: —t— A) SUCH PERMITS SHALL BE ISSUED ONLY TO LOCAL: CHARITABLE1 CIVIC OR PATRIOTRIC GROUPS OR ORGANIZATIONS) OR PERSONS WHO HAVE HELD A LICENSE TO DO BUSINESS WITHIN THE CITY FOR A PERIOD OF SIX MONTHS. B} APPLICATION FOR ANY SUCH PERMIT SHALL BE MADE IN WRITING FILED WITH THE CITY COUNCIL AND SHALL STATE THE NAME OF THE APPLICANT$ HIS ADDRESS$ THE LOCATION OF THE PROPOSED STAND THE NAME OF THE PER- SONS WHO WILL ACTUALLY OPERATE THE STAND ON BEHALF OF APPLICANT, AND A COMPLETE ACCOUNT OF THE PROPOSED DISPOSITION OF ALL GROSS PROCEEDS OF FIREWORKS SOLD AT THE PROPOSED STAND. C) THE APPLICATION SHALL BE ACCOMPANIED BY A FILING FEE MADE PAYABLE TO THE CITY OF COSTA MESA IN THE SUM OF $10.00, NO PART OF WHICH MAY BE WAIVED OR REFUNDED. D) ANY SUCH PERMIT ISSUED BY THE CITY COUNCIL MAY CONTAIN ANY REASONABLE CONDITIONS AND RESTRICTIONS. E) EACH PERSONI GROUP OR ORGANIZATION SHALL BE LIMITED TO ONE PERMIT PER YEAR) AND EACH PERMIT SHALL BE LIMITED TO ONE STAND. SECTION 5. TEMPORARY STANDS. REGULATIONS. ALL TEMPORARY STANDS FOR THE DISPLAY AND SALE OF FIREWORKS SHALL BE LOCATED, MAIN- TAINED AND OPERATED SUBJECT TO THE FOLLOWING PROVISIONS: A) ANY PERSON OPERATING ANY SUCH STAND SHALL ABIDE BY AND COMPLY WITH ALL MATTERS SET FORTH IN THE APPLICATION FOR PERMIT TO OPERATE THE SAME AND ALL CONDITIONS AND RESTRICTIONS IMPOSED BY THE CITY COUNCIL IN GRANTING THE PERMIT. B) PRIOR TO THE ERECTION OF ANY SUCH STAND, THE PERMITTEE SHALL POST WITH THE CITY $50.00 TO BE FORFEITED TO THE CITY 1N THE EVENT THE PERMITTEE SHALL NOT REMOVE THE STAND) EQUIPMENT AND ALL RUBBISH FROM THE PREMISES UPON WHICH THE STAND IS LOCATED TO THE SATISFACTION OF THE CHIEF OF THE FIRE DEPARTMENT BEFORE MIDNIGHT JULY 7 OF THE YEAR FOR WHICH SUCH PERMIT IS GRANTED AND IF SUCH STAND EQUIPMENT AND RUBBISH ARE SO REMOVED WITHIN SAID PER IiOD JF TIMET THE -2- SAID CASH BOND SHALL BE RETURNED TO THE PERMITTEE. C) PRIOR TO THE ERECTION OF ANY SUCH STAND THE PERMITTEE SHALL DEPOSIT WITH THE CITY FISCAL OFFICER AN ADDITIONAL SUM OF $50.00 AS A DEPOSIT ON ANY SALES TAX WHICH MAY BECOME DUE AND PAYABLE TO THE CITY FROM THE SALE OF FIREWORKS BY PERMITTEE. IN THE EVENT PERMITTEE DOES NOT FILE A SALES TAX RETURN AS REQUIRED BY LAW7 SAID SUM OF $50.00 SHALL BE DEEMED AND CONSIDERED THE AMOUNT OF SALES TAX OWED BY PERMITTEE TO THE CITY. IN THE EVENT PERMITTEE FILES A SALES TAX RETURN AS RE- QUIRED BY LAW7 AND PAYS THE TAX DUES SAID 450.00 SHALL BE RETURNED TO THE PERMITTEE. D) PRIOR TO THE ERECTION OF ANY SUCH STAND THE PERMITTEE SHALL PROCURE PUBLIC LIABILITY AND PROPERTY INSURANCE COVERING ITS OPERATIONS IN AND ABOUT THE SAID STAND AND PREMISES IN A MINIMUM AMOUNT OF $259000.00 FOR DEATH OR INJURY OF ONE PERSON? $50,000.00 FOR DEATH OR INJURY OF MORE THAN ONE PERSON, AND $59000.00 PROPERTY DAMAGE? AND SHALL FILE A CERTIFICATE OF SUCH INSURANCE WITH THE CITY CLERK. E) NO SUCH STAND SHALL BE ERECTED WITHIN 100 FEET OF ANY GAS- OLt NE SERVICE STATION OR OF ANY GARAGES NOR WITHIN !iT FEET OF ANY OTHER STRUCTURE. F% THERE SHALL BE MAINTAINED IN EACH PREMISES OR STAND WITHIN WHICH FIREWORKS ARE SOLD OR OFFERED FOR SALE A FIRE EXTINGUISHER.OF AT LEAST 2- GALLON CAPACITY IN GOOD ORDER AND CONDITION AND OF A TYPE APPROVED BY THE CHIEF OF THE FIRE DEPARTMENT. G) NO PERSON SHALL LIGHT OR CAUSE OR PERMIT TO BE LIGHTED ANY FIRECRACKER FIREWORKS OR OTHER COMBUSTIBLE ARTICLE WITHIN ANY SUCH STAND OR WITHIN 10 FEET THEREOF. SECTION 6. THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY AS AN URGENCY ORDINANCE. THE FACTS CONSTITUTING SUCH URGENCY ARE AS FOLLOWS: THE CITY OF COSTA (MESA BEING A NEWLY INCORPORATED CITY HAS NO REGULATIONS REGARDING THE SALE OR DISPLAY OF FIREWORKS? AND THE PASSAGE OF THIS ORDINANCE IS NECESSARY IMMEDIATELY TO PROTECT THE HEALTH AND WELFARE OF THE PEOPLE OF THE CITY OF COSTA MESA. -3- SECTION 7. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE PUNISH- ABLE BY A FINE NOT TO EXCEED $300.00 OR BY IMPRISONMENT IN THE CITY OR COUNTY JAIL NOT TO EXCEED SIX MONTH S OR BY BOTH SUCH FINE AND IMPRISONMENT. SECTION 8. IMMEDIATELY UPON PASSAGE, THE CITY CLERK SHALL WITHIN FIFTEEN DAYS POST COPIES OF THIS ORDINANCE IN THREE PUBLIC PLACES IN THE CITY OF COSTA MESA? TOGETHER WITH THE NAMES OF THE COUNCILMEN VOTING FOR AND AGAINST THE SAME. PASSED AND ADOPTED THISZYSW DAY OF JUNE, 1954. tz �-,n 4/:-a�Z A TF -HE CITY OF COSTA MESA ATTEST: CiTlr :Ci,IERK OF THE CITY OF COSTA MESA A� N fit • "i �t M • T ^. r,, •. r' COLiiT'' OF "iiLTGF, ss CITY OF COSTA N:ESA I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Eesa, held on the , Tt day of JUNE , 1954, the foregoing Ordinance, containing o sections, wax considered section by section, and that the said Ordinance was then passed and adopted as a whole by the following vote: AYES: 5 COUnILTfT: MARTIN, F;ELSON, PINKL Y, SLITH and T e"i I 1'!KLE 11OES: 0 COUKCILMEN:_ ITONE ABSEPTT: 0 COUNCILNMN: 1401d] I further certify that said Ordinance was thereupon signed by the Mayor of the City of Costa Mesa. ATTEST: City Clerk of the City oeCosta Mesa STAT.^ OF CALIFOPGTIA: COUITTY OF ORAITGE : as CITY OF COSTA 14ESA : I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify that on the 29th day of June , 1954, I posted the foregoing true and correct copy of the foregoing Ordinance in the following public places in the City: Justice Court 567 West Eighteenth Street Costa Mesa, California Costa Mesa City Hall 111 East 20th Street Costa Mesa, California Costa Mesa Fire Hall 111 Rochester Street Costa Mesa, California WITITESS my hand and seal this 29th day of June 1954-. City Clerk of the City of Costa Mesa