HomeMy WebLinkAboutRES-11648 RESCINDING AND REPLACING RESOLUTION NO. 11597 REGARDING THE APPLICATIONAND LOTTERY PROCESS TO SELL SAFE AND SANE FIREWORKS PURSUANT TO OMC CHAPTER 8.13RESOLUTION NO. 11648
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE, CALIFORNIA, RESCINDING AND
REPLACING RESOLUTION NO. 11597 REGARDING
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WHEREAS, Ordinance No. 10-24 repealed and replaced the then-existing Orange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 rescind and replace
Resolution No. 11597 and reestablish rules and regulations to sell Safe and Sane Fireworks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1:
Resolution No. 11597 is hereby rescinded and replaced upon the effective date of this
resolution.
SECTION 2:
The City Manager is hereby authorized to implement this resolution pursuant to Orange
Municipal Code Chapter 8.13.
SECTION 3:
The maximum number of Permits issued to Qualified Organizations, shall be 12 Permits
per two-year cycle
A. Permits issued pursuant to Chapter 8.13 of the Orange Municipal Code and this
Resolution to sell Safe and Sane Fireworks shall be for a term of two-years.
B. Qualified Organizations that receive a Permit through the application and lottery
process further described in Subsections D through H of this Section shall be prohibited
from participating in the immediate application and lottery process after their two-year
Permit cycle has completed.
C. Three of the maximum number of Permits shall be for Orange High School,El Modena
High School,and Richland Continuation High School. The Permit for each high school
shall incorporate all of the high school sports teams, affiliated civic groups, student
groups, booster clubs, other school organizations, etc. Each high school shall be
responsible for how the Permit is administered and utilized. None of the
aforementioned high schools are required to complete an application for the lottery
since each high school will automatically receive a Permit to sell Safe and Sane
Fireworks. In the event that any of the three high schools elects to not participate in the
sale of Safe and Sane Fireworks, then the Permit will be given to the Community
Foundation for a one-year term. If after issuing the Community Foundation a forgone
Permit an additional high school elects not to participate in the sale of Safe and Sane
Fireworks, then the additional Permit will be included as an additional lottery Permit
available to qualified organizations. However, Qualified Organizations receiving the
additional Permit shall only be for a term of one-year.
D. All other 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
January, continuing up to 5:30 p.m. on the last business day in January of the same
year, at which time the filing period for that year will be closed.
E. In drawing from the pool of Qualified Organizations that submitted completed
applications, the City Manager's Office or its designee shall conduct a lottery during a
City Council meeting using some means of random selection. The first 9 applicants to
be randomly selected shall be granted a Permit upon completion of all Permit
application requirements. An additional number of applicants shall be randomly
selected in the event that one or more of the initial 9 applicants fails to obtain a Permit.
Additional applicants shall be considered for a Permit in the order they were drawn.
F. 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; provide 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.
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G. Qualified Organizations may only submit one application to be included in the lottery
for a Safe and Sane Fireworks Permit. If more than one application is submitted on
behalf of any nonprofit organization or educational institution, including from their
respective affiliated organizations,the City shall 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.
H. On forms and applications provided by the City,Qualified Organizations shall provide:
a. The proposed location of the fireworks stand.
b. 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.
c. 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.
d. Proof of the applicant' s status as a Qualified Organization.
e. Date when the applicant was organized and established.
f. The names and addresses of the officers, if any, of the applicant.
g. 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.
h. The manner, method, and times regarding how the applicant proposes to sell
Safe and Sane Fireworks.
i. A copy of the requisite retail sales Permit issued by the Office of the California
State Fire Marshal.
j. Copy of a City of Orange business license.
k. Evidence of a temporary sales tax Permit from the California State Board of
Equalization.
This shall be not be construed as to limit the City from requesting additional information
to effectuate the intent and purposes of this Resolution and Orange Municipal Code Chapter 8.13.
SECTION 4:
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.
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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
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. 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.
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 5:
Permittees agree, as a condition of receiving a Permit, to protect, defend, indemnify, and
hold harmless, the City, the City Council, the City's officers, elected or appointed officials,
employees,agents,and volunteers from and against any and all claims,damages,losses,expenses,
judgments, demands, and defense costs, however caused, resulting from death or injury and/or
damage to 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, 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 indemnification to be
provided by Permittee.
SECTION 6:
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.
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2) Inspection of fireworks stands.
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.
Costs shall be allocated among Permittees in proportion to 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 will be calculated annually and due
September 2nd.
SECTION 7:
The City Council hereby determines that the adoptions of Measure AA,Resolution 11593,
this resolution, and Ordinance No. 01-25 are exempt from review under the California
Environmental Quality Act because allowing and regulating safe and sane fireworks sales in the
City on the Fourth of July cannot be expected to have a significant environmental effect because
such sales already occur without compliance with law or regulation to ensure the public health,
safety and welfare, and therefore this project regulates existing activity for the protection of the
environment and other public values rather than allowing wholly new activity. Therefore, these
provisions of the State CEQA Guidelines apply: section 15061(b)(3) — the "common sense"
exception, section 15305—the categorical exemption for minor alterations to land use limitations,
and section 15308 — the categorical exemption for actions by regulatory agencies to protect the
environment.
ADOPTED this 9th day of December 2025
Daniel R. Slater, Mayor, City of Orange
ST:
P e a Co eman, City Clerk, City of Orange
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APPROVED AS TO FORM:
Scabe
Nathalie Adouria , ity Attorney, City of Orange
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 9th day of December, 2025 by the following vote:
AYES: COUNCILMEMBERS: Barrios, Dumitru,Tavoularis, Gutierrez,
Gyllenhammer, Slater
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bilodeau
Pamela Coleman, City Clerk, City of Orange
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