Discussion and Action – Grandfathering of Livingston Youth Football and Cheer Fireworks Booth.

Livingston, California

Notes from TheGardeningSnail: Parts of This page may have been prepared by running a PDF file through a program that converts Image to Text. Sorry if any Textual Gremlins crept in.

Meeting Date:  January 21, 2014

Agenda Item #13. Discussion and Action – Grandfathering of Livingston Youth Football and Cheer Fireworks Booth.

Note from TheGardeningSnail: The Agenda Packet I downloaded did not contain a Staff Report for this Item. So I have gone back to City Council Meetings Past and the City’s Website, and put together a few things that might be relevant to the discussion.  Let’s Begin by looking at a little snippet from The City of Livingston’s Municipal Code

7-4-6 PROCEDURE FOR CITY OF LIVINGSTON PERMIT LIST AND PERMIT ISSUANCE.

(A) The City Council shall determine the rank order of the Permit Rotation List through a random lottery drawing at an open meeting in May of 2008. The Permit Rotation List compiled at that time shall continue from year to year and only qualified non-profit organizations who have submitted applications for placement on the Permit Rotation List shall be included in that lottery.

Thereafter, all non-profit organizations who submit an application for placement on the Permit Rotation List, and qualify for inclusion pursuant to the City Council’s determination, shall be added to the end of the Permit Rotation List in the order in which their application is received by the City Clerk.

Flash forward to April 03, 2012, The City Council was asked to Provide Direction to Staff on Modifying LMC 7-4 Concerning the Fireworks Rotation List. Staff was asking for direction from Council as to how to fairly rotate the booths. After a long discussion, it was decided to keep everything the same for the time being.

The, in October 30, 2012, City Staff again asked the City Council to Provide Staff Direction on Fireworks Ordinance at which time 4 possible scenarios were presented:

  • 1. Go back to the original ordinance with the lottery system and booth definitions allowing the Recreation Department one (1) booth and drawing for four (4). Add procedures for groups who are late or are in violation of the ordinance.

  • 2. Allow only two (2) booths to the same parent organization and change the ordinance to indicate this. Allow fireworks to be discharged until July 6th in compliance with the California Health and Safety Code. Allow the Recreation Department one (1) booth to help support the fireworks show each July. Add procedures for groups who are late or are in violation of the ordinance.

  • 3. Do nothing and leave the ordinance as is, but add procedures for groups who are late or are in violation of the ordinance.

  • 4. At the pleasure of the Council.

After a very lengthy discussion, (which you can find by clicking on the link below) it was decided.

Several Months passed. Then “CHANGES TO THE ORDINANCE ALLOWING THE SALE AND USE OF “SAFE AND SANE” FIREWORKS” was, on the Agenda for March 05, 2013 .  Part of Page 3the discussion that night revolved around whether or not to limit Livingston High School to only 1 Fireworks Stand per year. There had been complaints that Livingston High School had been getting the lion’s share of Fireworks Stands over the years and if the High School was limited to only 1 of the available 5 annual permits, more non profit organizations would be able to “have a turn” at having a Fireworks Stand.

At that time The Council decided it was too late in the year to make any changes to the Fireworks Stand Rotation (see above), except for granting a slot for the July 4th Committee.

The decision about “who should get booths the next time around” was continued to a  Council Meeting Some Time In The Future.

You might also be interested in the following from the Livingston’s Municipal Code.

7-4-4 PREREQUISITES FOR ISSUANCE OF PERMIT.

No permit to sell safe and sane fireworks shall be issued to any person, except non-profit organizations included on the City Permit Rotation List described and explained more fully below.

(A) Applications from qualified non-profit organizations desiring to be placed on the Permit Rotation List must be received by the City Clerk before February 1 each year.

The City Council shall determine in an open meeting whether the applicant non-profit organization is qualified to be added to the Permit Rotation List and shall make all additions to the Permit Rotation List by Resolution.

An applicant who is denied placement on the Permit Rotation List may appeal the City Council’s decision by submitting a written appeal, accompanied by an appeal fee as set by the City Council, to the City Clerk within 15 days of the City Council’s decision.

The City Council shall consider the appeal at its next regularly scheduled meeting, or as soon thereafter as is reasonably practicable but in no event more than 30 days after the denial, and shall consider public comment and any evidence presented by the applicant at that time. The City Council may revise, modify or sustain the denial after the public hearing, and its decision shall be final.

(B) A non-profit organization, including its affiliated organizations may submit no  more than one (1) application for a permit to sell safe and sane fireworks within the City of Livingston. If more than one (1) application is submitted on behalf of any non-profit organization, including an affiliated organization, only the first request submitted will be honored.

(C) One (1) permit entitles the qualified non-profit organization to one (1) fireworks stand, which shall operate on the location listed on the permit.

(D) The maximum number of permits which may be issued and the maximum number of safe and sane fireworks stands that will be permitted pursuant to this Chapter 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.

(E) Applicants placed on the Permit Rotation List and permits shall be issued to applicants on the Permit Rotation List in numerical order. Once issued a permit, the applicant will be placed at the end of the List.

(F) Two (2) or more qualified applicants may be issued a permit as a joint venture.

(G) Permits issued pursuant to this Chapter are valid only during the period specified on the permit in the calendar year issued.

7-4-5 CRITERIA FOR INCLUSION ON CITY PERMIT ROTATION LIST AND PERMIT ISSUANCE.

In order to be eligible for inclusion on the City of Livingston Permit Rotation List and to be issued a permit to sell safe and sane fireworks, a non-profit organization must:

(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.

(B) Have at least fifteen (15) members.

7-4-6 PROCEDURE FOR CITY OF LIVINGSTON PERMIT LIST AND PERMIT ISSUANCE.

(A) The City Council shall determine the rank order of the Permit Rotation List through a random lottery drawing at an open meeting in May of 2008. The Permit Rotation List compiled at that time shall continue from year to year and only qualified non-profit organizations who have submitted applications for placement on the Permit Rotation List shall be included in that lottery.

Thereafter, all non-profit organizations who submit an application for placement on the Permit Rotation List, and qualify for inclusion pursuant to the City Council’s determination, shall be added to the end of the Permit Rotation List in the order in which their application is received by the City Clerk.

(B) All non-profit organizations rotating into position on the Permit Rotation List for a permit to sell safe and sane fireworks shall complete permit application on forms supplied by the City. Every application shall include, but not be limited to, the following:

(1) Name, address and phone number of the non-profit organization.

(2) Brief statement of services and benefits provided to citizens of the City of Livingston.

(3) Non-refundable application fee of twenty-five dollars ($25).

(4) Federal Tax Identification Number.

(5) Principle permanent meeting place of the non-profit organization

(6) Roster of active members of the non-profit organization.

(7) Proof of tax-exempt status.

(8) The proposed location of the fireworks stand.

(C) Upon notification of permit approval by the City of Livingston, a non-profit organization qualifying for a permit must provide the following:

(1) Two-hundred fifty dollar ($250) non-refundable permit fee.

(2) One-hundred dollar ($100) refundable cleanup bond. Prior to the issuance of a permit, each applicant shall file with the City Clerk, a check made payable to the City of Livingston in the amount of one hundred dollars ($100) to assure compliance with the provisions of this ordinance. Such deposit shall be refundable upon, including, but not limited to, the removal of the stand and the cleaning of the site to the satisfaction of the City Building Inspector. In the event the permittee does not so comply or remove the stand or clean the site, in the manner required by the City Building Inspector or his or her designee, the City may clean the site itself and shall deduct the cost thereof from the permittee’s deposit.

(3) Written permission for use of the property upon which said proposed stand will be located.

(4) Proof of insurance in a form acceptable to the City Manager. The policy or policies of insurance required by this section shall be endorsed to designate the property owner, charitable organization, and the City of Livingston, including its elected official officers, agents, representatives, employees, and volunteers as additional insureds thereunder. The insurance shall afford coverage, in addition to and excluding defense costs, of at least $1,000,000 per occurrence and $2,000,000 in the general aggregate and shall include the following:

(a) Public liability insurance combined single limit, bodily injury, and property damage, each occurrence.

(b) Premises/operations liability.

(c) Products liability, including completed operations liability.

All insurance policies shall be endorsed to be primary insurance as to the

City its elected officials, officers, agents, representatives, employees and volunteers and any other insurance, deductible or self-insurance maintained by the City, its elected officials, officers, agents, representatives, employees and volunteers shall be considered excess insurance over and above the applicant’s insurance and shall not contribute with this primary insurance. The policies shall also provide that the insurer will not cancel the insured’s coverage without 15 days written notice to the City Manager of the City of Livingston.

(5) The applicants shall save, hold harmless and indemnify the City, its elected officials, officers, agents, representatives, employees and volunteers from all claims, demands, judgments, costs or expenses in law or equity that may arise from or are in any way related to any work performed by the permittee, his agents, or employees under the terms of any permit issued under this chapter.

(6) Temporary sales tax permit issued by the local office of the State Board of Equalization.

(7) A validly issued and unexpired State Fire Marshal Retail Sales Permit. (See California Health and Safety Code Section 12599).

(8) Site plan graphically showing the orientation of the stand at the proposed location. The site plan shall show utilities, location of permanent and temporary structures, curb cuts, and/or driveways, parking lots and identify the nearest sanitary facilities and fire hydrants.

(9) Approval from the Police Department and Public Works Department that operation at the fireworks stand at the proposed location will not present any substantial hazard to vehicular or pedestrian traffic.

(D) Should an approved Non-profit organization fail to provide the aforementioned items, the non-profit organization’s claim on the permit will become null and void and the next organization on the rotation list will be allowed to complete the items and may be granted a permit.

(E) Any City permit issued pursuant to this Chapter shall be subject to the requirement that at least one or more representatives of each non-profit organization shall attend a safe and sane fireworks stand operator safety seminar each year conducted by the licensed fireworks wholesaler or other City approved organization that is supplying the safe and sane fireworks to the Non-profit organization. City permits will be distributed at the conclusion of said Safe and sane fireworks stand operator safety seminar. Should at least one representative of an approved non-profit organization not attend the safety seminar, said nonprofit organization shall lose all claims to its permit. Any permits lost in this fashion will remain unused for the duration of the fireworks season for which such permit was intended.

(F) Permits may be issued with conditions to ensure that the fireworks stand will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute a burden on City resources.

.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s