Issuance of Permits to Sell Safe and Sane Fireworks.

Meeting Date: April 15, 2014

Agenda Item #13. Issuance of Permits to Sell Safe and Sane Fireworks.

Note from TheGardeningSnail: Parts of this page may have been prepared by running a PDF file through a program that converts Image to Print. So there may be a few textual Gremlins that have slipped in. I may also have broken up some of the longer paragraphs, for easier reading.

STAFF REPORT

AGENDA ITEM: Issuance of Permits to Sell Safe and Sane Fireworks.

MEETING DATE: April 15, 2014

PREPARED BY: Jacquelyn Benoit, Recreation Superintendent

REVIEWED BY: Jose Antonio Ramirez, City Manager

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RECOMMENDATION:

Staff recommends that:

1. Council review the applications for discretionary permits to sell safe and sane fireworks and select two (2) non-profits to receive the permits.

2. Council conduct the random Lottery randomly drawing three (3) non-profit organizations that will be issued permits to sell safe and sane fireworks.

BACKGROUND:

Amendment to Municipal Code

On February 18, 2014, the City Council adopted Ordinance No. 611 amending Title 7, Chapter 4, "Fireworks," of the Livingston Municipal Code changing the way the City issues permits to sell safe and sane fireworks.

Chapter 7-4 was amended to stop issuing permits using a rotation list and instead issue the permits using a "lottery."

The Ordinance also provided the City Council with the discretion to issue two (2) permits to non-profit organizations of the Council’s choosing.

DISCUSSION:

Maximum Number of Permits Issues

Under Section 7-4-4(E) of the Municipal Code, the maximum number of permits which may be issued and the maximum number of safe and sane fireworks stands that will be permitted during any one ( 1) calendar year shall not exceed one (1) permit for each three thousand (3,000) residents of the City of Livingston, or fraction thereof, based on the latest California Department of Finance estimate published before the end of the permit application filing period. Given the City’s population only five (5) permits may be issued.

Definitions and Requirements of a Non-Profit Organization

In order for non-profit organizations to be entered into the Lottery or be considered for the two (2) discretionary selections, the non-profit organizations must satisfy the Municipal Code. Non-profit organizations are defined as: "

  • (l) any non-profit association, charity, or corporation organized primarily for veteran, patriotic, welfare, civic betterment, youth activities, or charitable purposes,

  • (2) a group which is an integral part of a recognized non-profit national organization, or

  • (3) an organization affiliated with and officially recognized by an elementary, junior high, high school and/or school district that serves, in whole or in part, the residents of the City of Livingston.

All non-profit organizations must be recognized by either the IRS or the State of California. Evidence of non-profit status shall consist of a "Letter of Determination" from the IRS or recognition from the California Secretary of State.

If this letter cannot be obtained, other evidence must be offered and the City Manager will determine its validity."

Further, Section 7-4-5 requires that the non-profit organization (A) have had its principal and permanent meeting place in an area which is within the City of Livingston limits for a minimum of one (1) year continuously preceding the filing of the permit application or, in the case of a non-profit organization affiliated with and officially recognized by an elementary, junior high, high school, and/or school district that serves in whole or in part, the residents of the City of Livingston, such non-profit organization shall have been affiliated or officially recognized by the school and/or school district for a minimum of one (1) year continuously preceding the filing of the permit application; and have at least fifteen (15) members.

Discretionary Selections

Prior to conducting the Lottery, the Council will consider applications by non-profit organizations wishing to be considered for the two (2) discretionary picks.

If a non-profit is chosen to receive a permit, they will not be allowed to receive another permit through the lottery system.

Lottery

Section 7-4-1 defines lottery as: "a random selection process conducted by the City Council at the second regularly scheduled Council meeting in March for the selection of non-profits that will be issued permits to sell Safe and sane fireworks. For 2014, the Lottery will be held at the second regularly scheduled Council meeting in April."

Section 7-4-6(B)(4) makes clear that non-profits submitting requests to the Council for selection outside the Lottery process will automatically be included in the Lottery. If the non-profit is selected by both the Council using a discretionary selection and the Lottery, the non-profit will only be issued one (1) permit and another non-profit will be selected randomly using the Lottery.

Section 7-4-4(F) makes clear that applicants selected to receive a permit to sell Safe and sane fireworks under the Lottery process will not be allowed to participate in the Lottery for the next calendar year.

The City Council will draw two (2) alternates during the Lottery process in case a selected non-profit fails to meet the requirements of this Chapter.

Prior to the Lottery, the Council will hear any appealssubmitted pursuant to Section 7-4-4 of this Chapter. If an alternate is needed to step in, the first alternate selected during the Lottery shall be given priority. The alternate shall receive two (2) weeks, from the day of selection to comply with all requirements under this Chapter. (7-4-6(A))

Applications Received

The City received applications from the following non-profit organizations:

1. Carlos Vieira Foundation Inc.

2. Livingston-Delhi Veterans of Foreign Wars

3. Livingston High School Quarterback Club

4. Livingston Wrestling

5. Livingston Youth Football

6. 4th of July Committee

7. St. Jude Knights of Columbus

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Applications.

2263477.1

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