CC - Item 3D - Staff Report Ord. NO. 795 0 9 \
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stat
f eport
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER
DATE: JUNE 16, 1999
RE: ORDINANCE NO. 795 - PERMITTING THE SALE OF SAFE AND SANE
FIREWORKS IN THE CITY OF ROSEMEAD FROM DECEMBER 27, 1999
THROUGH JANUARY 1, 2000
Last year, the Governor signed into law AB 2090 allowing cities the option of permitting the sale
and discharge of safe and sane fireworks during the period December 27, 1999 through January 1,
2000. Attached is a letter from American Promotional Events requesting that the City of Rosemead
approve the sale of fireworks during the new millennium New Years period. Ordinance No. 795,
if approved by the City Council would permit one-time sale of fireworks during the period December
27, 1999 through January I, 2000 under the same guidelines governing the annual 4th of July sales
period. Please note that the attached ordinance includes a clause allowing staff to reissue permits
without additional application or fees provided that permit holders have written permission from
property owners for sales stands and continue to meet the City and State Fire Marshal's regulations
regarding the sale fireworks.
Staff has attached a copy of AB 2090 , chapter 363, Section 12599.5 of the Health and Safety Code,
for the Council's review.
RECOMMENDATION:
It is recommended that the City Council waive further reading and introduce Ordinance No. 795.
ccmemourd795.fp COUNCIL. AGENDA
••
Li 2 21999
I ITEM No.
J
ORDINANCE NO. 795
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD AUTHORIZING THE SALE AND DISCHARGE OF
SAFE AND SANE FIREWORKS BETWEEN DECEMBER 27,
1999 AND JANUARY I,2000
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1.
A. Pursuant to California Health and Safety Code Section 12599.5 (AB 2090),the City
of Rosemead hereby authorizes the sale and discharge of safe and sane fireworks
from December 27, 1999 to January 1, 2000 in accordance with the terms and
conditions of this ordinance and the license or permit issued by the State Fire
Marshal and the City.
B. Sections 3104 through 3113 of the Rosemead Municipal Code, unless otherwise
stated in this ordinance, shall apply in connection with the discharge, sale and
issuance of licenses to sell fireworks between December 27, 1999 and January 1,
2000 with the following conditions:
1. All fireworks permits issued by the City of Rosemead for fireworks sale from
June 28, 1999 to July 5, 1999(hereinafter referred to as the"July 1999 sales period"
shall be reissued without additional application or fees for the December 27, 1999
through January 1, 2000 sales period provided that :
(a). The permit holder submits proof of the property owner's permission and
will utilize the same sales location used during the July 1999 sales period; and
(b). The permit holder agrees to devote the sales proceeds to the same
purposes stated in its application for the July 1999 sales period; and
(c). The permit holder submits proof of insurance; and
(d). The permit holder commits no violations of the Rosemead Municipal
Code or State Fire Marshal regulations during the July 1999 sales period.
2. The deadline for applications from non-profit permit holders described in
Section 1.B.1 is October 15, 1999
3. The permit issued by the City of Rosemead to sell fireworks within
City boundaries shall be in effect only on December 27, 1999, from 12 noon
to 10 p.m., and from December 28, 1999 through December 31, 1999 only
between the hours of 7 a.m. and 11 p.m. on those specific dates.
4. The installation of fireworks sale stands, pursuant to Section 3111 and 3112
of the Rosemead Municipal Code, shall not commence before 12 noon on
December 16, 1999 and the removal of the aforementioned fireworks sales
stands shall be completed by 5:00 p.m. January 6, 2000.
5. An exemption from the provisions of Sections 3104 through 3113 of the
Rosemead Municipal Code is hereby granted to allow the discharge of safe
and sane fireworks from December 27, 1999 to December 30, 1999 between
the hours of 9:00 a.m. and 11 p.m. and December 31, 1999, between the
hours of 9:00 am. and 12 midnight,and on January 1, 2000, from 12:01 a.m.
to 12:30 a.m. and from 9 a.m. to 11p.m.
C. The provisions of this Ordinance shall expire and be of no further force and effect on
January 1, 2000 at 11:00 p.m.
Section 2. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED and ADOPTED this th day of , 1999.
MAYOR
ATTEST:
CITY CLERK
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Apery
PROMOTIONAL EVENTS, INC.
Adeianto 14I 11 FREEWAY DRIVE, SUITE 200, SANTA FE SPRINGS, CA 90670
Alhambra TELEPHONE(5112)921.1466 FAX(562)404-6946
Artesia
Azusa Pro Tern Joe Vasquez February 4, 1999
Baldwin Park City of Rosemead
Bell 8838 E. Valley Blvd.
Bell Gardens
Bellflower Rosemead, CA 91770
Buena Park
Carson Dear Pro Tem:
Chino
Coachella On January 1, 1999, AB 2090 became effective in California. The Bill, drafted by
Colton Assemblyman turned Congressman Gary Miller, gives local government the option of
Commerce allowing the sale/use of State Approved Fireworks (Safe &Sane)from December 26 to
Compton
Costa Mesa January 1, 2000. Currently, State law allows sales only during seven days around the
Cudahy Fourth of July. Because of AB 2090,the State will allow you to amend your existing
Downey ordinance to allow non-profit organizations to sell fireworks and your citizens to use them
Duane for New Year's Eve 1999.
El Monte
Fillmore I emphasize that AB 2090 contains a sunset clause—it is effective for this year
Fontana
Garden Grove .
Grand Terrace
Hawaiian Gardens The intent of the law, as expressed in Mr. Miller's press release,is to provide
Hawthorne individuals a safe alternative to celebrate with to bring in the new Millenium.
Huntington Pat
Indio AB 2090 passed on consent in the Assembly, Senate, and was signed within four
Industry days by former Governor Wilson. There were no formal objections from Police or Fire
Inglewood Marshal authoritydurin AB 2090's passage.Iwindale
La Mirada
La Puente The purpose of this letter is two-fold. First, to those who have passed second
Lakewood readings or are in process of evaluation, I extend American Promotional Events
Lawndale commitment to help your City make this event as successful as those you have enjoyed for
Lynwood years during the Fourth of July.
Maywood
Montebello
Monterey Park Secondly, to those who are unfamiliar with AB 2090, I extend an invitation to call
Norwalk and discuss any questions you may have.
Palmdale
Paramount We have received calls from groups throughout the Southland expressing interest.
Pico Rivera
Rialto Finally, all the best to those seeking re-election.
Rosemead r
San Bernardino
Santa Ana Sincerely, 17C4
1"�
Santa Fe
/��
,South El Monte
South GateJdhn Kelly \r„. /
Stanton
American Promotional Events
Temple City
Vernon
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Assembly Bill 2090 gives local agencies the option to allow , --
the sale/use of State Approved Fireworks for New Year's Eve 1999
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" • (JUN 15 '99 08:28nM GONSPLVES g SON P.2/3:'
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I998 c' 1997-1998 REGULAR SESSION Ch, 363, § 1
bon, SEC. 2 This act is an urgency statute necessary for the immediate preservation of the I
i the public peace, health, or safety within the meaning of Article IV of the Constitution and shall
thin go into immediate effect. The facts constituting the necessity are:
In order for the Department of Veterans Affairs to provide lower interest rates to new
the purchasers under the Farm and Home Purchase Act of 1919, and thereby substantially
'feet reduce the cost to those purchasers, at the earliest possible time, it is necessary that this act
take effect immediately.
FIREWORKS—AUTHORIZATION TO SELL
CHAPTER 363 •
AH. No. 2090 I1
AN ACT to add and repeal Section 12599.5 of the Health and Safety Code,relating to networks.
nd (Approved by Governor August 24,1998.)
[Filed with Secretary of State August 24, 1998.)
•
LEGISLATIVE COUNSEL'S DIGEST
AB 2090,Miller. Fireworks: sale.
•
(1) Existing law authorizes the sale of safe and sane fireworks from June 23 to July 6
annually pursuant to a license issued by the State Fire Marshal, unless otherwise prohibited
.r or regulated by law or ordinance.
This bill would authorize the sale of certified safe and sane fireworks from 9 am.December
a 26, 1999, through January 1, 2000, pursuant to a license issued by the State Fire Marshal, if
authorized by a city, county,or city and county ordinance or resolution that may also restrict
'e the hours of use of those fireworks. Since a violation of this provision or other existing
related provisions in connection with the sale of those fireworks would be a misdemeanor, the
•
bill would impose a state-mandated local program by creating new crimes. These provisions
would become inoperative on January 2, 2000, and would be repealed on January 1, 2001.
(2) The California Constitution requires the state to reimburse local agencies and school
districts (or certain costs mandated by the state. Statutory provisions establish procedures
for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. •
The people of the State of California do enact as follows:
•
SECTION 1. Section 12599.5 is added to the Health and Safety Code,to read:
12599.5. (a) Notwithstanding Sections 12599 and 12672, a separate one-time retail license
issued pursuant to this section by the State Fire Marshal shall authorize a retail sale of safe
and sane fireworks within this state only from 9 am. on December 26, 1999, until midnight of
January 1, 2000. That license shall expire at the end of that period. All fireworks sold
pursuant to that license shall have been certified as safe and sane by the State Fire Marshal
as of June 1999. No other license issued pursuant to this chapter shall authorize the sale of
fireworks during that period.
(b) No retail license shall be issued for the license period defined in this section unless the
city, county, or city and county having jurisdiction over the fixed location where the fireworks
would be sold adopts an ordinance or resolution allowing that sale,and the application for that
license is received by the State Fire Marshal on or before December 15, 1999. The ordinance i.
or resolution authorizing the sale of those fireworks may limit the period of use of those
•
• fireworks to specified days and hours within the period during which the sale is authorized by
this section. 3
Addition or chances Indicated by underline; deletions by asterisks • • • 2345
,
9 '71 JUN 15 99 08 29RM GONSRLVES & SON t. � ',
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Ch. 363; § 1 STATUTES OF 1998 1
111 fl;,:
(c) This section shall become inoperative on January 2, 2000, and,as of January 1, 2001, Is
repealed, unless a later enacted statute. that becomes operative on or before January 1,2001, (
i.' deletes or extends the dates on which it becomes inoperative and u repealed. o
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B
of the California Constitution because the only costs that may be incurred by a local agency
or school district will be incurred because this act creates a new crime or infraction,
eliminates a crime or inraction, or changes the penalty for a crime or infraction, within the
meaning of Section 17556 of the Government Code, or changes the definition of a crime within a
the meaning of Section 6 of Article XIII B of the California Constitution. t
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the r
provisions of this act shall become operative on the same date that the act takes effect C.
pursuant to the California Constitution. I
t
' ATE AGENCIES—LEGISLATURE AND LEGISLATIVE I
OFFICIALS—ETHICS ORIENTATION
.•)'.. CHAPTER 364
A.B. No. 2179 / a
•
AN ACT to add Article 12( . fleecing with Section 11146) to C ,•ter 1 of Part 1 of Division 3 or r
Title 2 of the Government ode,relating to state agencies. 2
IA:'roved by Governor August •-, 1998.)
(Filed i Secreta J
[ary of Suite s[24,1996] c
LEGISL.THIS COU :EL'S DIGEST
AB 2179,Committee on.Assembly L:t .laUT: (hire. State agencies: ethics orientation.
Existing law requires that the approp a : ethics committees of the Legislature conduct at
least semiannually an orientation course :or Members of the Legislature and designated
legislative employees on laws governin_ o hal conduct, and another orientation course for
registered lobbyists on issues and la - rela g to lobbying. Members of the Legislature,
designated legislative employees, i d :egist..ed lobbyists are required rti attend these
courses every 2 years. -
This bill would require each . .te agency to off- at least semiannually, andcertain state
officials and employees to a. : d once every 2 ye: . an orientation course'on the relevant
ethics statutes and regulatio . that govern the official c: duct of state officials.
A
The people of the State .f California do enact as follows: :
I SECTION 1. Arti • 12 (commencing with Section 11146) , added to Chapter 1 of Part 1
of Division 8 of Title ' of the Government Code,to read:
Article 12. State Agency Ethics Training
11146. Fa purposes of this article,the following terms have the folio•: _ meanings: e
(a) "Sta - agency"has the same meaning es set forth in Section 82049,b does not include c
_, the Legit •tore:
(b) '' der"means each member,officer,or employee of a state agency who sa. fies both of J
the to owing requirements:
.) The person holds any one of the following positions with the agency. an ele •• office,a t
••sition that is exempt from civil service, a career executive assignment, the posi 'on of
ecutive director or its equivalent, or the position of general counsel or its equi :lent
• • 2346 Mdlbona nr eeenges refloated by underline; de)ebons by asterisks •
ti