Agenda Report
Fullerton City Council
MEETING DATE: FEBRUARY 7, 2023
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: LUCINDA WILLIAMS, CITY CLERK
PREPARED BY: LUCINDA WILLIAMS, CITY CLERK
SUBJECT: 2023 SAFE AND SANE FIREWORKS SALES
SUMMARY
Fullerton voters reinstated the sale, possession and discharge of safe and sane fireworks within City limits on November 6, 2012 and re-affirmed the sale of safe and sane fireworks on November 3, 2020. This report presents the 2022 Safe and Sane Fireworks Sales Annual Report and seeks approval of the 2023 fireworks sales timeline.
RECOMMENDATION
1. Receive and file 2022 Safe and Sane Fireworks Sales Annual Report.
2. Confirm timeline for 2023 fireworks sales application process.
CITY MANAGER REMARKS
None.
PRIORITY POLICY STATEMENT
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 sales permit processes determined by the number of applications received. The City collected $784 in lottery application fees and $34,890 in permit fees in Fiscal Year 2021-22.
DISCUSSION
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 on November 6, 2012. Voters re-affirmed the sale of safe and sane fireworks on November 3, 2020, rejecting Measure U which would have banned the sale. possession and discharge of safe and sane fireworks. 2022 marked the tenth year of sales, possession and discharge of safe and sane fireworks under the newly adopted rules and regulations.
City Council adopted Resolution No. 2022-018 in 2022 to amend the fireworks sales lottery drawing process to reserve five sales permits for Youth Sports Partner League organizations and the remaining ten sales permits for all other qualified lottery participants.
Process
The City Clerk’s Office accepts fireworks lottery applications during the month of March. The City then holds two lottery drawings during the City Council meeting on the third Tuesday in April to select which groups advance to the sales permit phase. The City conducts one lottery drawing for all qualified Youth Sports Partner League applicants to select five Youth Sports Partner League organizations to advance to the sales permit process and then select five alternates for the Youth Sports Partner League permits. The City then conducts separate lottery drawing for all other qualified applicants to select ten organizations to advance to the sales permit process and then select five alternates for the other organization permits.
Current practice allows one representative group per educational institution (elementary through university level), as designated by the school principal, dean or other head of the institution, to submit a lottery application. 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.
Timeline
Resolution No. 2022-018 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 2023 safe and sane fireworks sales:
February 7, 2023
City Council approves 2023 timeline and process
March 1 – 30, 2023
Lottery applications accepted
April 18, 2023
Lottery drawing at City Council meeting
April 19 – June 2, 2023
Permit applications accepted by Fire Marshal
June 3 –30, 2023
Permits processed / Stands drop
July 1 – 4, 2023
Fireworks sales
July 5, 2023
Stock removal
July 13, 2023
Stand removal by this date
September 1, 2023
Permittee financial reports due
Fees
City Council approved updated fees to reflect the cost of service for processing fireworks sales permits, outreach and enforcement in June 2020. The lottery application fee remained at $28 and the permit fee increased to $2,326.
Modifications for 2023
Staff has no recommendations to modify the 2023 sales process.
Attachments:
Attachment 1 – Ordinance No. 3183
Attachment 2 – Resolution No. 2022-018
Attachment 3 – 2022 Fireworks Sales Annual Report
cc: City Manager Eric J. Levitt
2023 Fireworks
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