8 Review/Discussion/Direction of Annual Fireworks Booth Selection

Meeting Date: February 17, 2015

Note from TheGardeningSnail: Parts of this page may have been prepared by running a PDF Image Document through a program which converts image to text. My apologies for any Textual Gremlins that may have slipped in. Copy of the Original can be found on the City’s Website. I may also have broken up some of the longer paragraphs for ease of reading

STAFF REPORT

AGENDA ITEM: Review/Discussion/Direction for Annual Fireworks Booth Selection.

MEETING DATE: February 17, 2015

PREPARED BY: Jacquelyn Benoit, Recreation Superintendent

REVIEWED BY: Odi Ortiz, Interim City Manager

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RECOMMENDATION:

The annual fireworks booth selection is at the pleasure of the City Council.

BACKGROUND:

On March 4, 2014, the City council approved Ordinance 611 amending Title 7, Chapter 4 of the Livingston Municipal Code relating to fireworks. The City Council has requested an update on how the fireworks booths will be selected as specified in the Ordinance.

DISCUSSION:

Prerequisite for issuance of permit

A. Only non-profits can sell safe and sane fireworks and permits will be issued by the City Council by lottery system.

B. Applications from qualified non-profit organizations must be received at Livingston City Hall by the deadline of March 2, 2015, at 5:00 p.m. The lottery will be held at the March 17, 2015 Regular City Council Meeting.

C. A non-profit including its affiliates may only submit one (1) application.

D. One permit entitles the qualified organization one (1) booth.

E. Five (5) permits will be issued

F. Applicants selected to receive a permit under the lottery process will not be allowed to participate in the lottery the next calendar year.

G. Two (2) or more qualified applicants may be issued ajoint venture permit.

H. Permits issued are valid only during the period specified on the permit in the calendar year issued.

Criteria to obtain a permit

A. Principal and permanent meeting place which is within the Livingston City limits for one year. This includes school clubs or affiliated with the schools.

B. The organization must have 15 members.

Procedure for the lottery and City Council selection of two (2) non-profits.

A. City Council will conduct a random lottery if there are more applicants than booths available. The City Council will draw two alternates in case a selected non-profit fails to meet the requirements. The alternates have two weeks from the day of selection to comply with all requirements.

B. City Council has the discretion to select up to two non-profit organizations outside the lottery process.

1. Non-profits wishing to be considered by the City Council for a discretionary selection can submit an application similar to all other non-profits requesting to participate in the lottery

2. City Council will consider the applications at the same time as the lottery is done.

3. City Council may decide to have the two discretionary booths participate in the lottery.

4. If a non-profit submits an application for a discretionary booth and is not selected by the City Council they will automatically be placed in the lottery.

5. As a part of the discretionary process the applicants must include a written statement describing the reasons why they believe the City Council should select their organization.

C. All submitting organizations shall complete the required permit forms to include:

1. Name, address and phone number of the organization.

2. Brief statements of services and benefits provided to the citizens of the City of Livingston.

3. Pay the application fee of twenty-five dollars ($25).

4. Federal Tax Identification Number.

5. Principal permanent meeting place of the organization.

6. Roster of the active members of the organization.

7. Proof of tax-exempt status from the IRS or California Secretary of State.

8. Proposed location of fireworks stand.

D. Once selected the qualified organization must provide the following:

1. $250 non-refundable fee.

2. $100 refundable cleanup bond.

3. Written permission from the property owner where the stand will be located.

4. Proof of insurance as described in the Ordinance.

5. Sign a hold harmless agreement as specified in the Ordinance.

6. Temporary sales tax permit.

7. Valid State Fire Marshal Retail Sales Permit

8. Site plan graphically showing stand’s proposed location.

9. Approval from the Police and Public Works Departments that proposed location is safe as described in the Ordinance.

10. lf the non-profit fails to meet any of the above the booth will be given to the alternate.

11. One of the organization’s members is required to attend a safe and sane fireworks stand operator safety seminar presented by the fireworks wholesaler. City permits will be issued at the conclusion of this meeting. If an organization fails to attend the safety seminar they will lose their permit and no others will be issued.

12. Permits may be issued with conditions.

ATTACHMENTS:

1. Letter to non-profits

2. Applications (2)

3. Ordinance No. 611

4. Safe and Sane fireworks booth permit

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