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Home My WebLink AboutORD 1256ORD 1256æK@åKˆORDINANCE NO. 1256 AN ORDINANCE OF THE CITY COUNCIL OF BALDWIN PARK AMENDING VARIOUS SECTIONS OF AND ADDING SECTION 93.12 TO CHAPTER 93 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO FIREWORKS SALES AND PERMITS THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 93.01 of the Baldwin Park Municipal Code shall be amended by adding, in the correct alphabetical order, a definition of applicant" and fireworks bank account" to read as follows: APPLICANT. Shall be defined as the qualified organization as defined below) or the qualified organizations, if a joint application is filed, upon whose behalf an application for a permit as defined below) is filed. Fireworks bank account. Shall mean an account at a financial institution within the city used solely for moneys related to the sale of safe and sane fireworks pursuant to a permit granted pursuant to this Chapter. SECTION 2. Section 93.02 of the Baldwin Park Municipal Code shall be amended to read as follows: 93.02 SALE OF SAFE AND SANE FIREWORKS. No person shall sell or offer to sell any safe and sane fireworks within the city i) without first having obtained a valid permit issued pursuant to the terms of this subchapter and ii) without complying with all state and local laws, rules and regulations and all the conditions of approval applicable to that permit. SECTION 3. Section 93.03 of the Baldwin Park Municipal Code shall be amended to read as follows: 93.03 APPLICATION FOR PERMIT; INFORMATION REQUIRED. A) Applications for permits shall be accepted only from qualified organizations, and shall be in writing upon the form prescribed therefore by the Chief Executive Officer. A filing and processing fee as set by resolution of the City Council shall be paid at the time of filing the application. The application shall be submitted to the Business License Division on or before the first day of May of the calendar year for which a permit shall first be issued. The person named pursuant to subparagraph 3) of subsection B) of this section 93.03, BIB] 38436-U01 ORD-U02 1256-U02 LI2-U03 FO8535-U03 FO62476-U03 DO64449-U03 C5-U03 ORDINANCES-U03 3/24/2005-U04 ROBIN-U04 ORD 1256æK@åKˆOrdinance No. 1256 Page 2 shall sign the application and certify, under penalty of perjury, it is accurate and complete. B) The application shall contain the following information: 1) The exact location of the proposed stand, together with the written permission of the owner of the property if the property is not owned by the applicant; 2) The name and location of the principal place of business of the applicant or applicants for joint applications), the names and addresses of the members thereof including any minors; provided, that to assist with protection of individual privacy, to the extent permitted by law. personal identifying information contained in the application, including, but not limited to. home addresses, home/cell phone numbers and the names of minors, will not be disclosed to the public), the name and place of business of the safe and sane fireworks vendor the applicant proposes to use and whether that vendor has, within the immediately preceding five 5) years, been convicted of a violation of any laws or regulations related to safe and sane or dangerous fireworks; 3) The name of the person and an alternate to be responsible for filing all financial reports required by this Chapter. Each of those persons shall also be designated as the only individuals authorized to withdraw money from the applicant's applicable fireworks bank account; 4) A statement of the purposes for which the applicant is organized; 5) A copy of the California Secretary of State certificate approving the organization and a copy of the last annual information return filed by the organization or other similar proof of the validity of the organization to operate within California; 6) How and where the net proceeds from the sale of the fireworks are to be expended; 7) For joint applications, i) a designation of the single qualified organization responsible for filing the reports required by Section 93.12, ii) the written agreement between the joint applicants regarding the joint application iii) a designation as to which of the joint applicants shall be the primary applicant and which shall be the secondary applicant; and 8) Such other information as may be required by the Chief Executive Officer. BIB] 38436-U01 ORD-U02 1256-U02 LI2-U03 FO8535-U03 FO62476-U03 DO64449-U03 C5-U03 ORDINANCES-U03 3/24/2005-U04 ROBIN-U04 ORD 1256æK@åKˆOrdinance No. 1256 Page3 C) No person shall file an application which knowingly contains false information. SECTION 4. Section 93.06 of the Baldwin Park Municipal Code shall be amended to read as follows: 93.06 ISSUANCE OF PERMITS. A) All timely filed applications for a fireworks permit shall be reviewed by the Chief Executive Officer for the purpose of determining whether an applicant is qualified to hold a permit. An applicant qualifies for a fireworks permit if the following criteria are satisfied: 1) The application contains all the information required by the provisions of this subchapter; 2) The applicant is a qualified organization, as defined in this subchapter; 3) The applicant will conduct all operations in accordance with all applicable laws; 4) The safe and sane fireworks vendor proposed to be used by the applicant has not, within the immediately preceding five 5) years, been convicted of a violation of any laws or regulations related to safe and sane or dangerous fireworks; and 5) At least 50% of the net proceeds from the sale of fireworks will be expended in the city on a program or programs consistent with the veteran, patriotic, religious, civic betterment or charitable purpose for which the applicant is organized; and B) The City Council, by resolution, shall establish the policy and procedure for the issuance of permits, to qualified applicants, for the sale of fire- works. Such policy and procedure shall be implemented by the Chief Executive Officer. C) In the absence of an appeal filed as prescribed in this subchapter, the determination of the Chief Executive Officer with reference to the qualification of the applicants and the issuance of the fireworks permits shall be final and conclusive. SECTION 5. Subsection I) of Section 93.10 of the Baldwin Park Municipal Code shall be amended to read as follows: BIB] 38436-U01 ORD-U02 1256-U02 LI2-U03 FO8535-U03 FO62476-U03 DO64449-U03 C5-U03 ORDINANCES-U03 3/24/2005-U04 ROBIN-U04 ORD 1256æK@åKˆOrdinance No. 1256 Page 4 I) Deposits required. To ensure compliance with subsections G) and H) of this Section and Section 93.12. prior to issuance of any permit, the applicant shall deposit a cashier's check or cash in the amount of Five Hundred Dollars $500.00) the Deposit") with the Chief Executive Officer or her/his designee. No earlier than August 31 of the calendar year for which the permit is applicable. the Deposit shall be returned to the applicant; provided, that the Chief Executive Officer has reasonably determined the applicant has complied with all the terms of the permit and this Code. SECTIONS. Subsection A) of Section 93.11 of the Baldwin Park Municipal Code shall be amended by adding to the end of that subsection the following: provided, that the stand shall be constructed of metal". SECTION 7. Section 93.12 is hereby added to the Baldwin Park Municipal Code to read as follows: 93.12 REPORTING OF REVENUES AND EXPENSES. A) No later than August 6 of the year for which the permit is applicable, the applicant shall file with the Business License Division a written report Sale End Report"), which identifies the revenues and expenses relating to the sale of fireworks conducted during that year and a description of how the applicant intends to spend the revenues remaining after deduction of expenses the net proceeds"). Proof the proposed expenditure of the net proceeds has been officially approved by the applicant shall be submitted with the Sale End Report and could be shown by official minutes of the applicant. B) No later than October 31 of the year in which the Sale End Report was required to be filed, the applicant shall file, with the Business License Division, a written report showing proof the net proceeds have actually been expended or allocated and of how the net proceeds identified in the applicant's most recent Sale End Report were actually expended, with proof the expenditure(s) were officially approved by the applicant, which could be shown by official minutes of the applicant. C) If the applicant fails to comply with Subsection A) of this Section. then the Chief Executive Officer shall retain Two Hundred Fifty Dollars $250.00) of the Deposit. D) If the applicant fails to comply with Subsection B) of this Section. then the Chief Executive Officer shall assess a fine of Two Hundred Fifty Dollars $250.00) on the applicant. The applicant will not be permitted to apply for another permit or use a permit whose term has not yet expired unless and until BIB] 38436-U01 ORD-U02 1256-U02 LI2-U03 FO8535-U03 FO62476-U03 DO64449-U03 C5-U03 ORDINANCES-U03 3/24/2005-U04 ROBIN-U04 ORD 1256æK@åKˆOrdinance No. 1256 Page 5 that fine is paid in full. The fine may be collected through whatever legal and equitable means are available, including, but not limited to, rescinding a permit. or requesting equitable relief to prevent the applicant from using a permit, whose term may not yet have expired. E) The person named pursuant to subparagraph 3) of subsection B) of section 93.03, shall sign all reports required by this section and certify, under penalty of perjury, each is accurate and complete. SECTION 8. Sections 93.04 and 93.07 of the Baldwin Park Municipal Code shall be amended so that the title Chief Executive Officer" shall replace the titles City Manager" and City Executive Officer," whenever either of those latter two titles appears in those sections. SECTION 9. The City Clerk shall certify to the adoption of this Ordinance, and the City Clerk shall cause this Ordinance to be posted or published as prescribed by law. APPROVED and ADOPTED this 16th day of February 2005. BIB] 38436-U01 ORD-U02 1256-U02 LI2-U03 FO8535-U03 FO62476-U03 DO64449-U03 C5-U03 ORDINANCES-U03 3/24/2005-U04 ROBIN-U04 ORD 1256æK@åKˆOrdinance No. 1256 Page 6 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK ss. I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced for first reading at a regular meeting of the City Council on February 2, 2005. That thereafter said Ordinance was duly approved and adopted at a regular meeting of the City Council on February 16, 2005 by the following vote: AYES: COUNCILMEMBERS: Marlen Garcia, David J. Olivas, Bill Van Cleave, Mayor Pro Tern Ricardo Pacheco and Mayor ManuelLozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ROSEMARY M.^AMI@EZ, CMC CHIEF DEPUTY CITY CLERK BIB] 38436-U01 ORD-U02 1256-U02 LI2-U03 FO8535-U03 FO62476-U03 DO64449-U03 C5-U03 ORDINANCES-U03 3/24/2005-U04 ROBIN-U04