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HomeMy WebLinkAboutRES-11593 ESTABLISHING FEE RULES AND REGULATIONS REGARDING NUMBER OF PERMITS APPLICATION AND LOTTERY PROCESS FOR SAFE AND SANE FIREWORKSRESOLUTION NO. 11593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, CALIFORNIA, ESTABLISHING A FEE AND ADOPTING RULES AND REGULATIONS REGARDING THE NUMBER OF PERMITS AS WELL AS THE APPLICATION AND LOTTERY PROCESS TO SELL"SAFE AND SANE" FIREWORKS PURSUANT TO ORANGE MUNICIPAL CODE CHAPTER 8.13. WHEREAS, City of Orange voters approved Ordinance No. 10-24 allowing for the use, possession and discharge of" safe and sane" fireworks; and WHEREAS, Ordinance No. 10-24 repealed and replaced the then -existing Orange Municipal Code Chapter 8.13; and WHEREAS, Orange Municipal Code Chapter 8.13, as established by Ordinance No. 10- 24, provides that the City shall permit the sale, possession and discharge of " safe and sane" fireworks for private display within the City, in accordance with rules and regulations adopted by ordinance or resolution of the City Council, relating to the following: who may sell fireworks,the time periods in which they may be sold and discharged,the location where they may be discharged and the manner in which they may be discharged, stored, disposed of etc., permits which may be required relating to fireworks, and similar provisions to protect the public health, safety, and welfare; and WHEREAS, the City Council desires to adopt this Resolution to establish rules and regulations regarding the number of permits allowed each year as well as the application and lottery process to receive a permit as defined in Orange Municipal Code Chapter 8.13. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby resolves as follows: SECTION 1: The City Manager is hereby authorized to implement this resolution pursuant to Orange Municipal Code Chapter 8.13. SECTION 2: The maximum number of Permits issued to Qualified Organizations, as defined in Orange Municipal Code Chapter 8.13, shall be eight Permits per year. A. Qualified Organizations interested in receiving a Permit must file applications with the City Manager's Office or its designee beginning the first business day of March, continuing up to 5:30 p.m. on the last business day in March of the same year, at which time the filing period for that year will be closed B. The City Manager's Office or its designee shall conduct a lottery to choose eight qualified Permittees that may sell fireworks in the City pursuant to Orange Municipal Code Chapter 8.13. The lottery will be conducted during a City Council meeting with the City Manager's Office or its designee using some means of random selection. C. In addition to the requirements of Orange Municipal Code Chapter 8.13, Qualified Organizations must be organized primarily for veterans, patriotic, welfare, civic betterment, religious, athletic, educational, youth development or charitable purposes; must have their principal and permanent meeting place within the City;provides direct and regular community services and benefits to the residents of the City;and have bona fide members who either reside in the City, are employed in the City, or are owners or operators of a business or other establishment located in the City. D. If more than one application is submitted on behalf of any nonprofit organization or affiliated organization, the City may disregard one or all of the applications at its sole discretion.Any attempt to transfer an application shall void that application and may preclude an applicant from participating in the lottery in future years. E. On a form provided by the City, Qualified Organizations shall provide: the proposed location of the fireworks stand; the name, address and 24- hour telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored at such location; and written permission from the owner of record and/ or lessor and/ or management company of the property upon which said fireworks stand is proposed to be located; the proof of the applicant' s status as a Qualified Organization; date when the applicant was organized and established;the names and addresses of the officers, if any, of the applicant; the name, address, and California State Fire Marshal's license number of any wholesaler or distributor from whom the Qualified Organization proposes to purchase for resale; the applicant' s State Board of Equalization sales tax permit number;the manner,method and times regarding how the applicant proposes to sell Safe and Sane Fireworks; a copy of the requisite retail sales permit issued by the Office of the California State Fire Marshal; copy of a City of Orange business license, and evidence of a temporary sales tax permit from the California State Board of Equalization. SECTION 3: Permittees shall provide certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best' s rating of no less than an A. A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a 2 general aggregate limit is used,either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit. " Claims made" designation is only acceptable for professional or pollution liability insurance. The City of Orange its officers, elected or appointed officials, employees, agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. (This wording must be exact.) B. Any deductibles, self-insured retentions or similar forms of coverage limitations or modifications must be declared to and approved by the City. C. Permittee shall include all sub- Permittees or subcontractors, if any, as insured under its policies or shall furnish separate certificates and endorsements for each sub- Permittees or subcontractors.All coverage for sub- Permittees shall be subject to all of the requirements stated herein. SECTION 4: Permittees agree, as a condition of receiving a Permit, to protect, defend, indemnify, and hold harmless, the City, the City Council, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all third party claims, damages, losses, expenses, judgments, demands and defense costs, however caused, resulting from death or injury to Permittee employees, volunteers, customers, and/ or any third party, and/or damage to Permittee property,arising directly or indirectly out of the obligations or operations undertaken by Permittee by virtue of the Permit issuance,caused in whole or in part by any act or omission of the Permittee, any subcontractors,anyone directly or indirectly employed or volunteers or anyone for whose acts any of them may be liable,including but not limited to,concurrent active negligence,except where caused by the sole active negligence, or willful misconduct of the City. In the event of an injury, claim,lawsuit,or any other dispute,the Permittee will conduct all legal defenses to those injuries, claims, lawsuits, or any other disputes, including the defense of the City if applicable, at its sole cost and expense, and at no cost or expense to the City. The City shall approve selection of Permittee' s counsel. This defense and indemnity obligation shall apply to all claims and liability regardless of whether any defenses and insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Permittee. SECTION 5: Pursuant to Section 12635.5 of the Health and Safety Code, the City will require each applicant receiving a permit to pay a fee to the City a pro rata portion of the actual and reasonable costs the City incurred that is related to any of the following: 1) Processing and issuing permits. 2) Inspection of fireworks stands. 3 3) Public education and awareness campaigns regarding the safe and responsible use of safe and sane fireworks, and the dangers and risks posed by the use of illegal fireworks. 4) Enforcing the provisions of the code of the City with respect to the sale and use of safe and sane fireworks, including extra personnel time and cleanup of the fireworks trash and debris. "Extra personnel time"means employee or contracted employee time that the City would not otherwise incur but for the sale and use of safe and sane fireworks. 5) Fire operation and suppression efforts that are directly related to safe and sane fireworks. The pro rata share of the costs shall be calculated using gross sales as shown on each permittee's sales and use tax return for the applicable period. The pro rata share of costs shall not exceed 7 percent of the gross sales of the fireworks sold in the City during the applicable period. The fee amount will be calculated on an annual basis and charged 60 days after the Fourth of July. ADOPTED this 14th day of January 2025. eti iel R. Slater, Mayor, City of Orange ATTEST: amela Coleman, City Clerk, City of Orange APPROVED AS TO FORM: Mi Vigliotta, ty Attorney, City of Orange 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 14th day of January 2025 by the following vote: AYES: COUNCILMEMBERS: Bilodeau, Dumitru,Tavoularis, Gyllenhammer, Slater NOES: COUNCILMEMBERS: Barrios, Gutierrez ABSENT: COUNCILMEMBERS:None Pamela Coleman, City Clerk, City of Orange 5