I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-26 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February, 2024 be the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28th day of February , 2024
______________________________
Brenda Lopez, City Clerk
609
RESOLUTION NO. 22-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
CALIFORNIA, ESTABLISHING A CANNABIS SCHOLARSHIP PROGRAM
FUNDED THROUGH A PORTION OF THE GENERAL TAX REVENUE
FROM CANNABIS-RELATED BUSINESSES OPERATING IN THE CITY
WHEREAS, pursuant to California Government Code sections 37100.5 and 37101, the City of Adelanto has the authority to establish a local business excise tax upon cannabis businesses that operate within the City;
WHEREAS, pursuant to California Elections Code section 9222, the City Council submitted Measure R to voter for consideration at the Municipal Election occurring on November 8, 2016, a majority of qualified voters approved Measure R, and the City Council subsequently adopted Ordinance No. 559 to implement Measure R;
WHEREAS, pursuant to California Elections Code section 9222, the City Council submitted Measure S to the voters for consideration at the Municipal Election occurring on November 6, 2018;
WHEREAS, Measure S proposed an amendment to the Adelanto Municipal Code to update the general business excise tax on cannabis-related businesses operating in the City; WHEREAS, Measure S further proposed that the tax would serve as a general tax and that the proceeds of the tax would be deposited in the City’s general fund; WHEREAS, Measure S proposed the adoption of Ordinance No. 594 to implement the cannabis business tax;
WHEREAS, Measure S was approved by a majority vote of the qualified voters in the November 6, 2018 election;
WHEREAS, upon the approval of Measure S, Ordinance No. 594 became effective; WHEREAS, general tax revenue may be expended for any legitimate public purpose; WHEREAS, public purpose is broadly defined;
WHEREAS, the City of Adelanto determines that creating a scholarship program to invest in its residents, promote career growth and opportunities, and encourage the pursuit of higher education serves a public purpose;
WHEREAS, the City of Adelanto has broad discretion to determine how to expend monies in the City’s general fund; and
WHEREAS, the City of Adelanto desires to create a scholarship program funded by a portion of general tax revenue collected from cannabis-related businesses.
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by this reference.
610
RESOLUTION NO. 22-08
February 9, 2022
SECTION 2. The City Council hereby establishes a scholarship program funded by a portion of general tax revenue collected from cannabis-related businesses.
SECTION 3. The City Council hereby apportions three percent (3%) of the total annual tax revenue generated from cannabis-related activities to fund the scholarship program.
SECTION 4. The City Council may, in its sole discretion, adjust the allocated percentage of tax revenue for the scholarship program on an as-needed basis.
SECTION 5. Any scholarships issued under this Resolution may be awarded as early as Spring/Summer 2022 and shall be limited to Adelanto residents that will graduate from high schools within the City of Adelanto, that have been admitted to colleges, universities, and other post-secondary institutions located within San Bernardino County, and that will attend those institutions beginning no later than the 2022-2023 academic year.
SECTION 6. The City Council may continue to develop criteria related to the eligibility and qualifications of scholarship recipients, the number of scholarships to award, the amount awarded for each scholarship, eligible uses for scholarship funds, and any other related criteria.
PASSED, APPROVED AND ADOPTED this 9th day of February, 2022. ______________________________
Gabriel Reyes, Mayor
___________________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
___________________________________
Marc Tran, City Attorney
611
RESOLUTION NO. 22-08
February 9, 2022
I, Brenda Lopez, City Clerk for the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-08 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on February 9, 2022, by the following vote, to-wit:
AYES: Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on February 9, 2022.
___________________________________
Brenda Lopez, CMC, City Clerk
612
RESOLUTION NO. 23-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO
CREATING AN AD HOC CITY COUNCIL COMMITTEE TO ESTABLISH
CRITERIA FOR AWARDING SCHOLARSHIPS THROUGH THE CITY’S
CANNABIS SCHOLARSHIP PROGRAM
WHEREAS, on February 9, 2022, the Adelanto City Council (“City Council”) unanimously approved and adopted Resolution No. 22-08, establishing the Adelanto Cannabis Scholarship Program (“CSP” or “Program”);
WHEREAS, the public purpose of the Program is to invest in its residents, promote career growth and opportunities, and encourage the pursuit of higher education; WHEREAS, to be eligible, a candidate for the Program must (1) be high school student residing in the City of Adelanto (“City”), (2) must graduate from a high school located within the City; and, (3) must be admitted to a college, university or other post-secondary institution located within San Bernardino County and (4) attend that institution no later than the 2022-2023 academic year;
WHEREAS, the scholarships will be funded by general tax revenue collected from the City’s cannabis-related businesses, more specifically, three percent (3%) of the total annual revenue generated from cannabis-related activities;
WHEREAS, pursuant to Resolution No. 22-08, the City Council may, in its sole discretion, adjust the allocated percentage of the general tax revenue for the Program on an asneeded basis and develop criteria related to the eligibility and qualifications of scholarship recipients, the number of scholarships to award, the amount awarded by each scholarship, eligible uses for the funds, and any other relevant criteria; WHEREAS, Resolution No. 22-08 also provided that scholarships under the Program would be awarded as early as Spring/Summer of 2022, which has passed, and are limited to Adelanto residents graduating from high schools within the City of Adelanto and who are admitted to colleges, universities, and other post-secondary institutions located within San Bernardino County and who will attend those institutions beginning no later than the 2022-23 academic year, which has also passed;
WHEREAS, the City now desires to establish an advisory ad hoc committee to develop criteria and guidelines necessary to further the purpose of the Program, review scholarship applications, and make recommendations to the City Council regarding the awarding of scholarships under the Program;
WHEREAS, the City now also desires to make the Program available to students who are admitted to colleges, universities, and other post-secondary institutions located within San Bernardino County and who will attend those institutions beginning no later than the 2023-24 academic year, with scholarships under the Program awarded as early as Summer/Fall of 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Adelanto as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
613
RESOLUTION NO. 23-26
April 12, 2023
SECTION 2. The City Council hereby establishes an ad hoc committee entitled the Cannabis Scholarship Program Committee (“Committee”) to establish criteria and guidelines related to the eligibility and qualifications of scholarship recipients, the number of scholarships to award, the amount awarded by each scholarship, eligible uses for the funds, and any other relevant criteria, review scholarship applications, and make recommendations to the full City Council regarding the awarding of scholarships under the Program.
SECTION 3. The Committee shall consist of Mayor Gabriel Reyes and Mayor Pro Tem Daniel Ramos. The Committee members shall serve at the pleasure of the City Council and without compensation.
SECTION 4. The duration of the Committee shall be authorized for, and shall expire, 180 days following its creation, unless the City Council extends its duration.
SECTION 4. Any vacancies will be filled by the City Council on an as-needed basis.
SECTION 5. The Committee’s function shall be to establish and recommend to the full City Council criteria and guidelines related to the eligibility and qualifications of scholarship recipients, the number of scholarships to award, the amount awarded by each scholarship, eligible uses for the funds, and any other relevant criteria and procedures, review and consider scholarship applications, and recommend scholarship recipients for City Council approval.
SECTION 6. The City Council may continue to develop criteria related to the qualifications of scholarship recipients, the number of scholarships to award, the amount awarded for each scholarship, eligible uses for scholarship funds, and any other related criteria and procedures, as appropriate.
SECTION 7. The City Manager is authorized and directed to assist with the formation of the Committee and the implementation of its work as specified in this Resolution.
SECTION 8. The City Council hereby expands the Adelanto Cannabis Scholarship Program created by Resolution No. 22-08, and hereby amends Resolution No. 22-08 accordingly, to make it available to students who are admitted to colleges, universities, and other post-secondary institutions located within San Bernardino County and who will attend those institutions beginning no later than the 2023-24 academic year, with scholarships under the Program awarded as early as Summer/Fall of 2023.
.
PASSED, APPROVED AND ADOPTED this 12th day of April, 2023. ______________________________
Gabriel Reyes, Mayor
___________________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
___________________________________
Marc Tran, City Attorney
Kristopher Daams
614
RESOLUTION NO. 23-26
April 12, 2023
I, Brenda Lopez, City Clerk for the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 23-26 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on April 12, 2023, by the following vote, to-wit:
AYES: Council Members Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on April 12, 2023.
___________________________________
Brenda Lopez, CMC, City Clerk
615
CITY COUNCIL AGENDA REPORT
A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores
SUBJECT: NEW BUSINESS – REVIEW OF FIREWORKS STANDS APPLICATION REQUIREMENTS AND AMEND ORDINANCE’S NO’S 494,516, AND 599 AS DIRECTED BY THE CITY COUNCIL AND APPROVE FIRST READING ORDINANCE NO. 649
STAFF RECOMMENDATION:
Request that the City Council review and make any changes to the existing Fireworks Ordinance and Approve the changes and adopt for a first reading Ordinance No. 649.
BACKGROUND:
In accordance with Chapter 9.65 of the Adelanto Municipal Code, organizations wishing to participate in the sale of fireworks must meet certain eligibility requirements. An overview of the requirements are as follows:
9.65.030 GENERAL REQUIREMENTS FOR FIREWORKS LICENSEES.
1. Each organization approved for a fireworks stand must participate in the Adopt-A-Street program, and Community Clean-Up Days. The Adopt A-Street program and Community CleanUp Days can be satisfied by either of the following :(1) twelve (12) Adopt A- Street clean-ups ;or (2)ten (10) Adopt A-Street clean -ups and two (2 )Community Clean-Up Days. The Community Cleanup days shall be scheduled each spring and Fall. In the evet and organizations street adopted under the Adopt-A-Street Program is in Satisfactory Condition, the organization may volunteer to assist another organization with its Adopt A Street Program and will receive credit for the clean-up under the program. Each group shall have at least twenty percent (20%) of their organization participate to earn community service hours, and service hours related to the operation of the organization itself do not qualify. Each organization must provide evidence to the City of their Adopt A Street clean ups by providing date stamped photographs of trash collected. Photographic evidence must be submitted to [email protected] 616
FORMS REQUIRED:
The applicant must complete the attached forms as prescribed and all of the following information must be attached with the application for the license to sell fireworks.
1. The applicant shall, at the time of filing the application for a license to sell fireworks, deliver to the Planning Department Office a policy of liability insurance in the amount $100,000/$300,000 and a $50,000 property insurance certificate indemnifying and holding harmless the City of Adelanto and its applicant(s) from any damage that should occur from the sale of said fireworks.
Also required is a copy of the requisite permit, indemnifying and holding harmless the City of Adelanto and its applicant(s), from the State Fire Marshall.
2. An agreement between the manufacturer and/or wholesaler of the fireworks that indemnifies and holds harmless the City of Adelanto and its applicant(s) from damage resulting from defective fireworks.
3. A license fee of $200.00 shall be made payable to the City of Adelanto. This application fee is non-refundable.
4. Temporary Use Permit: The following temporary uses shall be subject to review and approval or conditional approval by the Director of Planning pursuant to Chapter 17.155 of the Adelanto Municipal Code. PLEASE PROVIDE A PLOT PLAN AND OTHER GRAPHICS NECESSARY TO INDICATE THE LOCATION. Fee: $564.00
5. A $600 fee or 6% of organizations prior year’s net sales whichever is greater due at the time of application as a cleanup fee.
6. Signed Community Agreement form.
UPON ISSUANCE OF APPROVED LICENSE, THE FOLLOWING IS REQUIRED:
2. A temporary "Sales Tax Permit" from the Regional Office of the State Board of Equalization.
3. Safety Inspection from the San Bernardino County Fire department.
4. All unsold stock and litter shall be removed from the stand by 5pm on July 6th, and the fireworks stand shall be removed and temporary site cleaned within 500 feet of the stand by 12pm on July 10th.
5. A financial statement is due to the planning department by September 3, detailing costs and revenue from the fireworks stand. The statement shall also describe how the money received 617
from the sale of fireworks goes back into the community, and should identify the number of Adelanto residents that are benefited.
6. Failure to perform any of the above mentioned items may result in revocation of license or inability to gain license the following year.
ATTACHMENTS:
1. Fireworks Application
2. Chapter 9.65 “Storage, Use, and Sale of Fireworks”
618
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 City of Adelanto
Business License Division
FIREWORKS PERMIT APPLICATION
INSTRUCTIONS FOR FILING AN APPLICATION
FOR A LICENSE TO SELL FIREWORKS
NOTE: PLEASE READ CAREFULLY TO AVOID UNDUE DELAY.
PROCEDURES AND TIMING:
This application must be filled out completely and submitted together with the required forms by April ,2024 at 5:00 p.m.
Applicants shall be notified by the Planning Department whether the application for the sale of fireworks is granted or rejected. If there are more applicants than there are licenses available a drawing will be conducted.
FORMS REQUIRED:
The applicant must complete the attached forms as prescribed and all of the following information must be attached with the application for the license to sell fireworks. a. The applicant shall, at the time of filing the application for a license to sell fireworks, deliver to the Planning Department Office a policy of liability insurance in the amount $100,000/$300,000 and a $50,000 property insurance certificate indemnifying and holding harmless the City of Adelanto and its applicant(s) from any damage that should occur from the sale of said fireworks. Also required is a copy of the requisite permit, indemnifying and holding harmless the City of Adelanto and its applicant(s), from the State Fire Marshall.
b. An agreement between the manufacturer and/or wholesaler of the fireworks that indemnifies and holds harmless the City of Adelanto and its applicant(s) from damage resulting from defective fireworks.
c. A license fee of $200.00 shall be made payable to the City of Adelanto. This application fee is non-refundable.
d. Temporary Use Permit: The following temporary uses shall be subject to review and approval or conditional approval by the Director of Planning pursuant to Chapter 17.155 of the Adelanto Municipal Code. PLEASE PROVIDE A PLOT PLAN AND OTHER GRAPHICS NECESSARY TO INDICATE THE LOCATION. Fee: $564.00 e. A $600 fee or 6% of organizations prior year’s net sales whichever is greater due at the time of application as a cleanup fee.
e. Signed Community Agreement form.
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APPLICATION FOR SALE OF FIREWORKS
Revised 2/23/24 Page 2
f. Failure to complete any of the above items may result in revocation of License to Sell Fireworks, or effect eligibility for the following year.
UPON ISSUANCE OF APPROVED LICENSE, THE FOLLOWING IS REQUIRED:
a. A temporary "Sales Tax Permit" from the Regional Office of the State Board of Equalization.
b. Safety Inspection from the San Bernardino County Fire department. c. All unsold stock and litter shall be removed from the stand by 5pm on July 6 th, and the
fireworks stand shall be removed and temporary site cleaned within 500 feet of the stand by 12pm on July 10th.
d. A financial statement is due to the planning department by September 3, detailing costs and revenue from the fireworks stand. The statement shall also describe how the money received from the sale of fireworks goes back into the community, and should identify the number of Adelanto residents that are benefited.
e. Failure to perform any of the above mentioned items may result in revocation of license or inability to gain license the following year.
Section 2. Fireworks; Sale of; License required. Except as provided herein, no person shall offer for sale or sell any fireworks of any kind in said City without having first applied for and received a license.
Section 3. Prerequisites to Issuance of License; The following qualifications must be met by each applicant for a license issued hereunder.
a. No license shall be issued to any person, firm, or corporation, except non-profit associations or corporations organized primarily for civic betterment or youth activities.
At least 80% of the group’s members must be Adelanto residents. In the circumstance that a drawing must take place to select applicants that receive the license, the organization may be asked to supply the Planning Department with proof of member’s residency within the City.
b. Each such organization must have its principal and permanent meeting place in the corporate limits of said City, must maintain a bona fide membership of at least twenty (20) Adelanto resident members, and must have been organized and established in said City's corporate limits for a minimum of one (1) year continuously preceding the filing of the application for the license.
c. No organization may receive more than one (1) license for fireworks sale during any one (1) calendar year. One (1) license may be issued to two (2) or more qualifying applicants as a joint venture, but may only operate one (1) stand. The maximum number of licenses which may be issued pursuant to this Ordinance during any one (1) calendar year shall not exceed one (1) license for each three thousand (3,000) residents of the City, or fraction thereof, based on the latest official roster, State of California census estimate.
620
APPLICATION FOR SALE OF FIREWORKS
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d. If the number of applications exceeds the number of licenses allowed to be issued, the license shall be granted by a drawing supervised by the City Clerk. The drawing will be held at a council meeting, the applicants will be notified of the drawing date and notification of selection will be performed the following day.
Section 4. Operation of Stand;
a. No person other than the licensee organization shall operate the stand for with the license is issued or share or otherwise participate in the profits of the operation of such stand.
b. No person other than the individuals who are members of the license organization, and their immediate, adult age family members, shall sell or otherwise participate in the sale of fireworks at such stand. In no instance shall a person under the age of eighteen (18) years be permitted to sell or otherwise participate.
c. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.
Section 5. Temporary Firework Stands. All sales of "Safe and Sane" fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following provisions:
a. No fireworks stand shall be located within twenty-five (25) feet of a building or within one hundred (100) feet of any gasoline pump.
b. Fireworks stands need not comply with the provisions of the building code of said City, however, the Building and Safety department may inspect the stand at any time to reasonably insure the safety of attendants and patrons. c. No stand shall have a floor area in excess of three hundred (300) square feet. d. Each stand must have at least two (2) unobstructed exits; and each stand in excess of forty (40) feet in length must have at least three (3) exits spaced approximately equidistance apart, provided, however, that in no case shall the distance between exits exceed twenty-four (24) feet.
Section 6. General requirements for Licensees.
a. All weeds and combustible material shall be cleared from the location of the stand including a distance of at least fifty (50) feet surrounding the stand before operation of stand.
b. "No Smoking within 100 Feet" signs shall be prominently displayed on the fireworks stand.
c. Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein.
d. Each firework stand shall obtain a safety inspection by the San Bernardino County Fire Department prior to opening.
e. The sale of fireworks shall not begin before 12pm on June 28th, and shall not continue after 11:59pm on July 4th.
621
APPLICATION FOR SALE OF FIREWORKS
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f. Each stand shall display a sign of at least ten (10) square feet stating that discharge of fireworks is only legal within Adelanto city limits between 12:00 noon, June 28th and 11:59pm midnight July 4th.
g. During the days allowed for sale of fireworks, no sales shall be made except between the hours of 7:00 A.M. and 12:00 midnight, except the first day (June 28th), during which sales must start no earlier than noon.
h. All unsold stock and litter shall be removed from the stand by 5pm on July 6th, and the fireworks stand shall be removed and temporary site cleaned within 500 of feet of the stand by 12pm on July 11
th
.
Section 7. Display of License and Sales Tax Permit; License to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand.
Section 8. Prohibitions on Discharge; It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, upon or over onto the property of another without his consent, or to ignite, explode, project, or otherwise fire or make use of, any fireworks within ten (10) feet of any resident, dwelling or other structure used as a place of habitation by human beings or within one hundred (100) feet of any fireworks stand.
I, WE, HEREBY CERTIFY that I (We) have read and understand the information contained within this application and furthermore agree to comply strictly with the terms of this license and the provisions of the Ordinance.
Signature of Applicant Print Name/Title Date
Email Address: ____________________________ Phone Number: __________________________ 622
APPLICATION FOR SALE OF FIREWORKS
Revised 2/23/24 Page 5
APPLICATION IS HEREBY made to the Planning Department of the City of Adelanto, California, pursuant to the provisions of Ordinance No.494, for a license to sell fireworks for the Forth of July.
IF NOT COMPLETED CORRECTLY IT MAY DELAY PROCESSING YOUR APPLICATION.
OWNER/APPLICANT INFORMATION
APPLICANT/AUTHORIZED AGENT (Applicant must be the owner of the land, the lessee having a lease hold interest, or the agent of the foregoing, duly authorized in writing.) AREA CODE/TELEPHONE
MAILING ADDRESS OF APPLICANT/AUTHORIZED AGENT CITY STATE ZIP To the Business License Office of the City of Adelanto, I the undersigned AM OWNER LESSEE AGENT of the property located at:
STAND LOCATION/PHYSICAL ADDRESS CITY STATE ZIP APN#
THE EXACT LEGAL DESCRIPTION OF THE PROPERTY IS: How long has the organization been located in Adelanto? _____Year(s) _____Month(s)
Organization Address (No P.O. Box):
FOR FIRE AND POLICE PROTECTION, LIST TELEPHONE NUMBER OF PERSON(S) TO BE CONTACTED.
EMERGENCY CONTACT NAME AREA CODE/TELEPHONE HOME
WORK
MOBILE
Is the Organization(s) participating in “The Adopt a Street Program? YES NO Street Name:
From: TO:
PLEASE ATTACH THE FOLLOWING
The following items are attached hereto and made part of this application.
1. Notarized property owner authorization. YES NO INITIALS__________
2. Requisite permit for State Fire Marshall. YES NO INITIALS__________
3. Agreement from fireworks manufacturer/wholesaler. YES NO INITIALS__________
4. $100,000.00/$300,000.00 public liability and $50,000.000 property damage insurance certification.
YES NO INITIALS__________
5. Temporary Use Permit & Plot Plan YES NO INITIALS__________
6. Proof of Non-Profit Status YES NO INITIALS__________ EXCERPT FROM ORDINANCE NO. 494 OF THE CITY COUNCIL OF THE CITY OF ADELANTO REGULATING STORAGE, USE AND SALE OF SAFE AND SANE FIREWORKS WITHIN SAID CITY:
SECTION 1. DEFINITION; SALE OF. Safe and Sane Fireworks as defined in Section 12504 of the California Health and Safety Code may be sold and discharged within the City of Adelanto during the period beginning at 12:00 noon on the 28th day of June and ending at 12:00 midnight on the 4th day of July each year pursuant to the provision of this Ordinance and not otherwise.
Signature Print Name/Title Date
623
APPLICATION FOR SALE OF FIREWORKS
Revised 2/23/24 Page 6
Community Agreement
I, ___________________________________________, as an authorized representative of _______________________________________________, understand that the organization listed is required to participate in two yearly community clean up days and to participate in the Adopt-A-Street program in order to receive a license to sell fireworks.
Please Initial the below to confirm that you agree to the following:
Clean-Up Day:
_____ Applicant has been participating and will continue to participate in two yearly community clean- up days.
_____ Applicant has been informed of the clean-up days they may be assigned: TBD. Applicant understands that planning staff will be assigning community clean updates and times accordingly.
_____ Organization members are required to participate for four (4) hours on two (2) different days for a total of eight (8) hours. The events are held at Adelanto Stadium,12000 Stadium Way. _____ Applicant understands that at least 20% of its members must participate in each clean-up day.
Adopt-A-Street:
_____ Applicant has been participating and will continue to participate in the Adopt-A-Street program, which is to be done monthly.
_____ Applicant will contact Public Works through Virginia Cervantes or the Public Works designee at 760-246-2300 x11124 to request trash bags for the Adopt-A-Street days they select. _____ Applicant will inform the same contact as above when and where the trash bags should be picked up by Public Works so that bags are not left at the site. _____ Applicant understands that at least 20% of its members must participate in each Adopt-A-Street event.
Eligibility:
_____ Applicant understands that failure to participate in the Adopt-A-Street and Clean-up wil result in ineligibility for a fireworks permit.
624
Chapter 9.65
STORAGE, USE AND SALE OF FIREWORKS
Sections:
9.65.010 Purpose
9.65.015 Definition
9.65.020 Sale and Discharge of Fireworks
9.65.025 License Required; Application for License to Sell Fireworks
9.65.030 General Requirements for Fireworks Licensees
9.65.035 Operation of Fireworks Stand
9.65.040 Temporary Fireworks Stands
9.65.045 Temporary Sales Tax Permit Required; Display of License and Permit
9.65.050 Prohibition on Discharge of Fireworks
9.65.055 Penalties
9.65.010 Purpose.
The purpose of this Chapter is to bring the City's regulation of the use of fireworks into compliance with the California State Fire Marshal's Department regulations and to protect and secure the public health, safety and general welfare. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.015 Definition.
"Safe and Sane Fireworks" shall be as defined in Section 12504 of the California Health and Safety Code, as that section may in the future be amended.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.020 Sale and Discharge of Fireworks.
“Safe and Sane Fireworks” may only be sold and/or discharged within the City, and such discharge may only occur during the period beginning at 12:00 noon on the 28th day of June and ending at 11:59 pm on the 4th day of July each year. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]
9.65.025 License Required; Application for License to Sell Fireworks.
A. Except as otherwise provided herein, no person shall offer for sale or sell fireworks of any kind in the City, without having first applied for and received a license therefore.
B. All applications for licenses to sell fireworks shall:
1. Be made in writing, accompanied by an initial license fee of two hundred dollars ($200.00), which will be used to defray the cost of administration, inspection and supervision of fireworks licensees. The Temporary Business License application and Temporary Use Permit application shall be incorporated into the Fireworks application; fees for the Temporary Business License application and Temporary Use Permit are incorporated into the application fee.
2. Be submitted between the first and the last day of March each year, except when the last day falls on a day when City Hall is closed, then the following business day shall be the last day.
3. Set forth the proposed location of the fireworks stand applied for. Each stand must be on private property located in the "C" zoning district or heavier industrial or manufacturing zones of the City, or on public land at the sole discretion of the City. A notarized statement from the owner of record of the property must accompany the application.
4. Be accompanied by an agreement from the manufacturer and/or wholesaler of the fireworks to defend, indemnify and hold the City harmless from any claims, liability, litigation, damages or other injuries resulting from defective fireworks.
5. Include a statement that the applicant agrees to comply strictly with the terms of any license granted to it and furnish any additional information upon request of the City Manager, the City Council or their authorized employees and/or representatives.
C. At the time of issuance of the license, the applicant must deliver to the Business License Department evidence of public liability insurance in an amount not less than one hundred thousand dollars/three hundred thousand dollars ($100,000.00/$300,000.00) and not less than fifty thousand dollars ($50,000.00) property damage insurance in the form and 625
content required by the City, certificated, and a copy of the requisite permit from the State Fire Marshal.
D. At the time of application, each applicant shall submit a non-refundable clean-up fee of either 6% of the organization’s prior year’s net sales, or $600, whichever is greater, so that the City recuperates cost of cleaning up after 4th of July holiday.
If this is an organization’s first year participating, the $600 rate shall apply. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]
9.65.030 General Requirements for Fireworks Licensees.
The following qualifications must be met by each applicant for a license issued hereunder:
A. No license shall be issued to any person, firm or corporation except non-profit associations or corporations organized primarily for civic betterment or youth activities. Such organizations, groups or individuals shall be limited to one (1) license.
B. Each such organization must have its principal and permanent meeting place within the corporate limits of the City, must maintain a bona fide membership of at least eighty percent (80%) of the organization must be Adelanto residents, and must have been organized and established in the City's corporate limits for a minimum of one (1) year continuously preceding the filing of the application for the business license.
C. No organization may receive more than one (1) license for fireworks sale during any one (1) calendar year. One (1) license may be issued to two (2) or more qualifying applicants as a joint venture, but may only operate one (1) stand. The maximum number of licenses which may be issued pursuant to this Chapter during any one (1) calendar year shall not exceed one (1) license for each three thousand (3,000) residents of the City, or fraction thereof, based on the latest official roster, State of California census estimate.
D. If the number of applications exceeds the number of licenses allowed to be issued, the licenses shall be granted by a drawing supervised by the City Clerk. The drawing will be held at a Council meeting, the applicants will be notified of the drawing date and notification of selection will be performed the following day.
E. Reserved.
F. Reserved.
G. Reserved.
H. Each organization approved for a fireworks stand must participate in the Adopt-A-Street program, and Community Clean-Up Days,. The Adopt A-Street program and Community Clean-Up Days can be satisfied by either of the following: (1) twelve (12) Adopt A-Street clean-ups; or (2) ten (10) Adopt A-Street clean-ups and two (2) Community Clean-Up Days. The Community Clean-Up Days shall be scheduled by the City each Spring and Fall. In the event that an organization's street adopted under the Adopt A-Street program is in satisfactory condition, that organization may volunteer to assist another organization with its Adopt-A Street clean up and will receive credit for the clean-ups under the program. Each group shall have at least twenty percent (20%) of their organization participate to earn community service hours, and service hours related to the operation of the organization itself do not qualify. Each organization must provide evidence to the City of their Adopt-A Street clean ups by providing date stamped photographs of trash collected. Photographic evidence must be submitted to [email protected].
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19; Ord. No. 605, Section 3, 8/28/19.]
9.65.035 Operation of Fireworks Stand.
A. No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand.
B. No person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand(s) except that in no instance shall a person under the age of eighteen (18) years be permitted to sell or otherwise participate in the operation of the fireworks stand.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]
9.65.040 Temporary Fireworks Stands.
A. All fireworks sales must be made from within a temporary fireworks stand, and sales from any other building or structure are prohibited.
B. No fireworks stand shall be located within twenty-five (25) feet of any other building nor within one hundred (100) feet of any gasoline pump.
C. All stands shall be erected under the supervision of the Building and Safety Department, and must be constructed in a manner that will reasonably ensure the safety of attendants and patrons. Any building and safety permit fees shall be waved.
D. No fireworks stand shall have a floor area in excess of three hundred (300) square feet.
E. Each fireworks stand must have at least two (2) unobstructed exits; and each stand in excess of forty (40) feet in length must have at least three (3) unobstructed exits spaced approximately equidistant apart, provided, however, that in no 626
case shall the distance between the exits exceed twenty-four (24) feet.
F. Each fireworks stand shall provide two (2), two and one-half (2-1/2) gallon "water pressure" type or 2A10BC dry chemical type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire.
G. All weeds and combustible materials shall be cleared from the location of the fireworks stand and for a distance of at least fifty (50) feet from any point of the stand.
H. "No Smoking Within 100 Feet" signs must be prominently displayed on the fireworks stand.
I. Each fireworks stand must have an adult in attendance and in charge thereof while fireworks are stored therein, including an onsite presence overnight while the stand is closed. Sleeping or remaining in the fireworks stand after close of business each day is forbidden.
J. Each fireworks stand shall obtain a safety inspection and clearance from the San Bernardino County Fire Department prior to opening.
K. The sale of fireworks shall not begin before 12:00 noon on the 28th day of June and shall not continue after 11:59pm on the 4th day of July.
L. Each fireworks stand shall display a sign of at least ten (10) square feet stating that discharge of fireworks is only legal within the City limits between 12:00 noon, June 28 and 11:59pm, July 4.
M. During the days allowed for the sale of fireworks, no sales shall be made except between the hours of 7:00 a.m. and 12:00 midnight.
N. All unsold stock and accompanying litter shall be removed from the fireworks stand location by 5:00 p.m. on July 6.
O. The fireworks stand shall be removed, and the temporary site cleared by 12:00 noon on the 10th day of July. If this requirement cannot be met by the July 10th date, the stand operator must work with City staff to arrange for a new pick up date.
P. Each organization operating or participating in a fireworks stand shall submit, to the City, a financial statement of actual sales and profit by 5:00 p.m. August 31, following the fireworks sale, unless that day falls on a day when City Hall is closed, then the following business day shall be the last day. The financial statements are subject to review and approval by the City. The records shall be retained by the City. Failure to comply will result in revocation of future license eligibility. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19; Ord. No. 605, Section 3, 8/28/19.]
9.65.045 Temporary Sales Tax Permit Required; Display of License and Permit.
A. Organizations licensed by the City for fireworks sales are required to obtain a temporary sales tax permit from the State Board of Equalization.
B. The temporary sales tax permit and the City license to sell fireworks must be displayed in a prominent place in the fireworks stand.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.050 Prohibition on Discharge of Fireworks.
It shall be unlawful for any person to ignite, explode, project or otherwise fire or use, any fireworks or permit the ignition, explosion or projection thereof, upon or over onto the property of another without his/her consent, or to ignite, explode, project or otherwise fire or make use of any fireworks within ten (10) feet of any residence, dwelling or other structure used as a place of habitation, congregation or assembly, or within one hundred (100) feet of any fireworks stand. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.055 Penalties.
Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of one thousand dollars ($1,000.00), or imprisonment not to exceed one hundred eighty (180) days, or both fine and imprisonment. Further, the fireworks sales license of any licensee who violates or permits any provision of this Chapter to be violated shall be revoked and the licensee shall not be entitled to receive a license for a period of three (3) years thereafter.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 605, Section 3, 8/28/19.] 627