RESOLUTION NO. 11648
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE, CALIFORNIA, RESCINDING AND
REPLACING RESOLUTION NO. 11597 REGARDING
THE APPLICATION AND LOTTERY PROCESS TO
SELL" SAFE AND SANE" FIREWORKS PURSUANT TO
ORANGE MUNICIPAL CODE CHAPTER 8. 13.
WHEREAS, City of Orange voters approved Ordinance No. 10-24 allowing for the use, possessionand dischargeof" safe and sane" fireworks; and WHEREAS, Ordinance No. 10-24 repealed and replaced the then-existing Orange Municipal Code Chapter 8. 13; and
WHEREAS, Orange Municipal Code Chapter 8.13, as establishedby Ordinance No. 10- 24, provides that the City shall permit the sale, possession and discharge of " safe and sane" fireworks for private display within the City, in accordancewith rules and regulations adoptedby ordinance or resolution of the City Council, relating to the following: who may sell fireworks, the time periods in which they may be sold anddischarged,the location where they may be discharged and the manner in which they may be discharged, stored, disposedof etc., Permits which may be required relating to fireworks, and similar provisions to protect the public health, safety, and welfare; and
WHEREAS, the City Council desires to adopt this Resolution to rescind and replace Resolution No. 11597 and reestablish rules and regulations to sell Safe and Sane Fireworks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1:
Resolution No. 11597 is hereby rescinded and replaced upon the effective date of this resolution.
SECTION 2:
The City Manager is hereby authorized to implement this resolution pursuant to Orange Municipal Code Chapter 8. 13.
SECTION 3:
The maximum number of Permits issued to Qualified Organizations, shall be 12 Permits per two- year cycle
A. Permits issued pursuant to Chapter 8.13 of the Orange Municipal Code and this Resolution to sell Safe and SaneFireworks shall be for a term of two-years.
B. Qualified Organizations that receive a Permit through the application and lottery processfurtherdescribedin SubsectionsD throughH of thisSectionshallbeprohibited fromparticipatingin theimmediateapplicationandlotteryprocessaftertheirtwo-year Permit cycle has completed.
C. Three of the maximum number of Permits shall be for Orange High School, El Modena High School, and Richland Continuation High School. The Permit for each high school shall incorporate all of the high school sports teams, affiliated civic groups, student groups, booster clubs, other school organizations, etc. Each high school shall be responsible for how the Permit is administered and utilized. None of the aforementioned high schools are required to complete an application for the lottery since each high school will automatically receive a Permit to sell Safe and Sane Fireworks. In the event that any of the threehigh schools electsto not participate in the sale of Safe and Sane Fireworks, then the Permit will be given to the Community Foundation for a one-year term. If after issuing the Community Foundation a forgone Permit an additional high school elects not to participate in the sale of Safe and Sane Fireworks, then the additional Permit will be included as an additional lottery Permit available to qualified organizations. However, Qualified Organizations receiving the additional Permit shall only be for a term of one-year.
D. All other Qualified Organizations interestedin receiving aPermit must file applications with the City Manager's Office or its designee beginning the first business day of January, continuing up to 5:30 p.m. on the last businessday in January of the same year, at which time the filing period for that year will be closed.
E. In drawing from the pool of Qualified Organizations that submitted completed applications, the City Manager's Office or its designeeshall conduct a lottery during a City Council meeting using some means of random selection. The first 9 applicants to be randomly selected shall be granted a Permit upon completion of all Permit application requirements. An additional number of applicants shall be randomly selected in the event that one or more of the initial 9 applicants fails to obtain a Permit.
Additional applicants shall be consideredfor a Permit in the order they were drawn.
F. In addition to the requirements of Orange Municipal Code Chapter 8.13, Qualified Organizations must be organized primarily for veterans, patriotic, welfare, civic betterment, religious, athletic, educational, youth development or charitable purposes; must have their principal and permanentmeeting place within the City; provide direct and regular community servicesandbenefits to the residentsof the City; and havebona fide memberswho eitherresidein theCity, areemployedin theCity, or areownersor operatorsof a businessor other establishmentlocated in the City. 2 G. QualifiedOrganizationsmayonly submitoneapplicationto be includedin the lottery for a Safe and Sane Fireworks Permit. If more than one application is submitted on behalf of any nonprofit organizationor educationalinstitution, including from their respectiveaffiliated organizations,the City shall disregardone or all of the applications at its sole discretion. Any attempt to transfer an application shall void that application and may preclude an applicant from participating in the lottery in future years.
H. On forms andapplications provided by the City, Qualified Organizations shall provide:
a. The proposedlocation of the fireworks stand.
b. The name, address and 24- hour telephone number of one or more responsible adults who will be in chargeof and responsible for the fireworks stand during the period fireworks aresold, displayed, or stored at such location. c. Written permission from the owner of record and/or lessorand/or management company of the property upon which said fireworks stand is proposed to be located.
d. Proof of the applicant' s statusas a Qualified Organization. e. Date when the applicant was organized and established. f. The namesand addressesof the officers, if any, of the applicant. g. The name, address, and California StateFire Marshal's license number of any wholesaler or distributor from whom the Qualified Organization proposes to purchase for resale.
h. The manner, method, and times regarding how the applicant proposes to sell Safe and Sane Fireworks.
i. A copy of the requisite retail salesPermit issuedby the Office of the California State Fire Marshal.
j. Copy of a City of Orangebusinesslicense.
k. Evidence of a temporary sales tax Permit from the California State Board of Equalization.
This shall be not be construed as to limit the City from requesting additional information to effectuate the intent and purposesof this Resolution and OrangeMunicipal Code Chapter 8.13.
SECTION 4:
Permitteesshall provide certificates of insuranceevidencing the following minimum limits with a California admitted carrier with a current A. M. Best's rating of no lessthan anA. 3 A. General Liability: $ 1,000,000 per occurrencefor bodily injury, personalinjury, and propertydamage. If CommercialGeneralLiability Insuranceor other form with a generalaggregatelimit is used,eitherthegeneralaggregatelimit shallapplyseparately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The City of Orange its officers, elected or appointed officials, employees, agents and volunteers must be named as certificate holder and as additional insured by separateattachedendorsement.
B. Any deductibles, self-insured retentions, or similar forms of coverage limitations or modifications must be declaredto and approvedby the City.
C. Permitteeshall include all sub-Permitteesor subcontractors,if any, asinsured under its policies or shall furnish separatecertificates and endorsementsfor eachsub-Permittees or subcontractors. All coverage for sub- Permittees shall be subject to all of the requirements stated herein.
SECTION 5:
Permittees agree, as a condition of receiving a Permit, to protect, defend, indemnify, and hold harmless, the City, the City Council, the City's officers, electedor appointedofficials, employees,agents,andvolunteers from and againstany andall claims, damages,losses,expenses, judgments, demands, anddefensecosts, howevercaused, resultingfrom deathor injury and/or damageto property, arising directly or indirectly out of the obligations or operations undertaken by Permitteeby virtue of the Permit issuance, causedin whole or in part by any act or omission of the Permittee, any subcontractors, anyone directly or indirectly employed, volunteers, or anyone for whose acts any of them may be liable, including but not limited to, concurrentactive negligence, except where causedby the sole active negligenceor willful misconduct of the City.
In the event of aninjury, claim, lawsuit, or any other dispute, the Permittee will conduct all legaldefensesto thoseinjuries, claims, lawsuits, or anyotherdisputes, including thedefenseof the City if applicable, at its sole cost and expense, and at no cost or expenseto the City.
The City shall approve selection of Permittee's counsel. This defense and indemnity obligation shall apply to all claims and liability regardlessof whether any defensesand insurance policies are applicable. The policy limits do not act asa limitation upon the indemnification to be provided by Permittee.
SECTION 6:
Pursuantto Section12635.5 of the Health and SafetyCode, the City will requireeach applicant receiving a Permit to pay a feeto the City apro rata portion of the actual and reasonable coststhe City incurred that is related to any of the following:
1) Processingand issuing Permits.
4 2) Inspection of fireworks stands.
3) Public education and awarenesscampaignsregarding the safeand responsible use of safe and sanefireworks, and the dangersand risks posed by the use of illegal fireworks.
4) Enforcing the provisions of the code of the City with respectto the sale and useof safe and sane fireworks, including extra personnel time and cleanup of the fireworks trash and debris. " Extra personnel time" meansemployee or contracted employee time that the City would not otherwise incur but for the sale and use of safe and sane fireworks.
5) Fire operation and suppression efforts that are directly related to safe and sane fireworks.
Costs shall be allocated among Permitteesin proportion to gross salesas shown on each Permittee's salesand usetax return for the applicable period.
The pro rata shareof costs shall not exceed7 percent of the gross salesof the fireworks sold in the City during the applicable period. The fee will be calculated annually and due September 2nd.
SECTION 7:
The City Council hereby determinesthat the adoptions of MeasureAA, Resolution 11593, this resolution, and Ordinance No. 01- 25 are exempt from review under the California Environmental Quality Act becauseallowing and regulating safe and sanefireworks salesin the City on the Fourth of July cannot be expectedto have a significant environmental effect because such sales already occur without compliance with law or regulation to ensurethe public health, safety and welfare, and therefore this project regulates existing activity for the protection of the environment and other public values rather than allowing wholly new activity. Therefore, these provisions of the State CEQA Guidelines apply: section 15061( b)( 3) — the " common sense" exception, section 15305— the categorical exemption for minor alterations to land use limitations, and section 15308 — the categorical exemption for actions by regulatory agenciesto protect the environment.
ADOPTED this 9th day of December 2025
Daniel R. Slater, Mayor, City of Orange
ST:
P e a Co eman, City Clerk, City of Orange
5 APPROVED AS TO FORM:
Scabe
Nathalie Adouria , ity Attorney, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of theCity of Orange, California, do herebycertify that the foregoingResolutionwasduly andregularlyadoptedby theCity Councilof theCity of Orangeat a regular meeting thereof held on the 9th day of December, 2025 by the following vote:
AYES: COUNCILMEMBERS: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bilodeau
PamelaColeman, City Clerk, City of Orange
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