Agenda Report
Fullerton City Council
MEETING DATE: FEBRUARY 1, 2022
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: JEFFREY W. COLLIER, ACTING CITY MANAGER
PREPARED BY: LUCINDA WILLIAMS, CITY CLERK
SUBJECT: 2022 SAFE AND SANE FIREWORKS SALES
SUMMARY
On November 6, 2012, Fullerton voters reinstated the sale, possession and discharge of safe and sane fireworks within City limits. 2021 marked the ninth year of sales, possession and discharge of safe and sane fireworks under the newly adopted rules and regulations. This report presents the 2021 Safe and Sane Fireworks Sales Annual Report to City Council and seeks approval of the 2022 fireworks sales timeline.
RECOMMENDATION
1. Receive and file 2021 Safe and Sane Fireworks Sales Annual Report.
2. Confirm timeline for 2022 fireworks sales application process.
3. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING RULES AND REGULATIONS FOR THE RETAIL SALE, POSSESSION AND DISCHARGE OF “SAFE AND SANE” FIREWORKS PURSUANT TO FULLERTON MUNICIPAL CODE SECTION 7.26.010
PRIORITY POLICY STATEMENTS
This item matches the following Priority Policy Statements:
Fiscal and Organizational Stability
Public Safety.
FISCAL IMPACT
The City will receive revenue from both the fireworks lottery and permit processes, based on the number of applications received. In Fiscal Year 2020-21, the City Clerk’s Office collected $784 in lottery application fees and the Fire Department collected $34,890 in permit fees.
DISCUSSION
On November 6, 2012, Fullerton voters reinstated the legal sale, possession, and discharge of safe and sane fireworks with the passing of Measure X and adoption of City Ordinance No. 3183. 2021 marked the ninth year of sales, possession, and discharge of safe and sane fireworks under the newly adopted rules and regulations.
Process
The City Clerk’s Office accepts fireworks lottery applications during the month of March. In April, staff randomly selects 15 lottery applicants and five alternates to proceed to the fireworks sales permitting phase.
Current practice allows one representative group per educational institution (elementary through university level). The representative group may be a group from within the institution or a booster club operating outside of the school in support of an official school program, even if the outside organization operates under a separate tax identification number. In 2016, City Council adopted Resolution No. 2016-11 which includes language to clarify the “one group per school” rule.
Timeline
City of Fullerton Resolution No. 2016-11 opens the lottery application filing period on the first business day in March and closes on the last business day in that same month. The resolution also established the dates and times for fireworks sales and discharge.
City Council conducts the lottery drawing during the public portion of the Closed Session of the second City Council meeting in April.
Staff proposes the following timeline for the 2022 safe and sane fireworks sales.
February 1, 2022:
City Council approves 2022 timeline and process
March 1 – 31, 2022:
Lottery applications accepted
April 19, 2022:
Lottery drawing at City Council meeting
April 20 – June 3, 2022:
Permit applications accepted by Fire Marshal
June 4 –30, 2022:
Permits processed / Stands drop
July 1 – 4, 2022:
Fireworks sales
July 5, 2022:
Stock removal
July 13, 2022:
Stand removal by this date
September 1, 2022:
Permittee financial reports due.
Fees
The City periodically reviews application fees to capture the full cost for the City to process the applications and permits. The current lottery application fee is $28 and the permit fee is $2326.
Modifications for 2022
In 2021, Mayor Jung suggested modifying the lottery drawing to reserve five spots for youth sports organizations and open the remaining ten spots to all other qualified organizations. To achieve this, staff proposes conducting two lottery drawings. Staff would hold one lottery for all qualified youth sports applicants to select five organizations to advance to the sales permit process and then select five alternates for the youth sports permits. Staff would hold a separate lottery for all qualified non-youth sports organization applicants to select ten organizations to advance to the sales permit process and then select five alternates for the non-youth sports organization permits.
Staff has attached a draft resolution with the proposed modifications to the lottery process.
Attachments:
Attachment 1 – Ordinance No. 3183
Attachment 2 – Resolution No. 2016-11
Attachment 3 – 2020 Fireworks Sales Annual Report
Attachment 4 – Draft Resolution No. 2022-XXX
2022 Safe and Sane Fireworks Sales
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