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HomeMy WebLinkAbout2021 Non-Profit Fireworks Stand Lottery (2) City of Huntington Beach File#: 21-316 MEETING DATE: 4/19/2021 Mayor Carr to call on City Clerk Robin Estanislau to assist with conducting the 41 of July fireworks booth lottery drawing City of Huntington Beach Page 1 of 1 Printed on 4/142021 powerM�',eg:siar"' 4/19/2021 2021 Neon - Prof it tr_ewo rk Stand Lottery y� Public High School i SchoolEdison High — Winners Boys Basketball Academic Booster — Alternates Boys Lacrosse Basketball - Dance COMMUNICATION MoWft oe.:�/�9��a� A@wW@ Ibm No.�S 1-3/!a �;x{ Public High School Winners • Huntington Beach High School — Winners • HBHS Oiler Music Guild • HBHS Girls Soccer Booster Club —Alternates • HBHS Boys Soccer • HBHS Cheer • '�= _ Public High School Winners • Marina High School — Winners • MHS Lacrosse Boosters • MHS Girls Field Hockey — Alternates • MHS Wrestling Booster • MHS Softball Boosters • MHS Football Boosters • MHS Cheer Public High School Winners • Ocean View High School — Winners 4/19/2021 • OVHS Baseball Boosters • OVHS Band — Alternates • OVHS Boys Basketball Boosters • OVHS Boys Soccer t Private High School Winner Liberty Christian High School • The Committee for Student Technology �� Civic Organizations In the Civic Organizations Category, 17 applications were received; 15 were approved for tonight's Lottery. 5 Winners and up to 3 Alternates will be drawn... Civic Organizations = 15 1. Compass Bible Church 8. HB Host Lions Club 2. Therapeutic Riding Center 9. HB Elks Lodge No. 1959 3. American Legion 10. Apostolic Assembly of the Huntington Beach Post 133 Faith 4. HB City Junior Guards 11. Lutheran Church of the 6. McKenna Claire Foundation Resurrection 6. Knights of Columbus 12. Orange Coast Gakuen, Inc. Council 6020 13. Patriots and Paws 7. CrossPoint HB Church 14. Linden Tree Learning 15. Kiwanis Foundation �- Youth Sports In the Youth Sports Category, 11 applications received were approved for tonight's Lottery. S Winners and up to 3 Alternates will be drawn... Youth Sports = 11 1. H. B. Divers 2. Orange County Riptide Aquatics Club 3. Culture Football Organization 4. Huntington Valley Little League S. Ballet Etudes 6. Beach Elite 7. Team 90, Inc., DBA California Rush 8. Seaview Little League 9. Surf City Premier Youth Sports and Fitness 10. HB Pop Warner Little Scholars, Inc. 11. South HB Girls Fastpitch Softball `�'��� Miss Huntington Beach 2018 i � �. : ' , Alyssa Welfringer t.l Good luck! All lottery winners will receive by email permit information/instructions from Fire Department representatives on Tuesday, April 20. City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ rv%w.huntingtonbeachca.gov •E. „ ,, : Office of the City Clerk Robin Estanislau, City Clerk February 25, 2021 Re: Civic Organizations Safe and Sane Fireworks Stand Application Process Information —2021 Hello! I am reaching out to all successful applicants who applied to operate a fireworks stand in the City of Huntington Beach in 2020, This year's application period will be open on Monday, March 1 and will remain active until Wednesday, March 31. Here is a sample of information related to the Civic Organizations category: A maximum of 15 permits allowing the sale of safe and sane fireworks within the City will be issued each year to non- profit organizations using a lottery system within three categories: • Civic Organizations(5) Five Civic Organizations operating within the City, whose sole purpose is for civic betterment or charitable or religious purposes to and for the citizens of Huntington Beach, shall be allowed to submit one application. This category does not include high school extracurricular activities or youth or adult sports organizations. If your organization meets Civic Organizations criteria, the attached application (also available at http://huntingtonbeachca.gov/fireworks/) can be submitted by email to the City Clerk's office beginning on Monday, March 1, and concluding on Wednesday, March 31, 2021. Applications received and approved under the Civic Organizations category will be placed into a lottery that will be held during the April 19, 2021 Huntington Beach City Council meeting beginning at 6:00 PM, location to be determined. For both the categories of Youth Sports and Civic Organizations, we will be drawing the names of five non-profits, and then will draw a few alternates in the event that one or more of the five lottery winners per category are not able to meet the criteria presented by the City, or who may choose to withdraw. Extracurricular activity/sport/booster group applicants under the High School category will take part in an individual lottery held by each qualified high school. Please take a moment to review the enclosed information flyer for 2021. If you have any questions, please feel free to give me a call at 714-536-5405. If you are no longer active with this organization, please accept my apologies, and feel free to share this information with other individuals involved in Civic Organizations. Sincerely, Robin Estanislau, CIVIC City Clerk Encl. (2) Sister City. Anjo, Japan PART A: Temporary Fireworks Stand Sales Application 1 Name and address of Qualified Organization 2. Does your Qualified Organization meet the criteria in categories (a-e) below? O Yes O No a) The organization meets the definition of a Qualified Organization, which is defined in Huntington Beach Municipal Code Chapter 5 90 as any non-profit including. but not limited to. 501(c)(3) or other charity as defined by Federal or State law or a group which is an integral part of or recognized by a non-profit or charity and in existence for at least one year prior to submitting a Permit Application or an Elementary. Junior High and/or High School and/or school district and recognized affiliates that serves. the residents of the City or public and/or private community college. college and/or university which is located within the boundaries of the City b) The organization is organized primarily for veterans patriotic, welfare, civic betterment, religious, athletic, educational, youth development, or charitable purposes c) The organization has its principle and permanent meeting place within the City of Huntington Beach d) The organization is one which provides direct and regular community services and benefits to the residents of the City of Huntington Beach e) The organization has not been administratively or criminally guilty of violating any local. State or Federal law nor had a Permit revoked within 24 calendar months prior to the organization s submittal of a Permit Application 3 Attach proof of Qualified Organizations status as a non-profit organization. 4 Location of Qualified Organizations principle and permanent meeting location 5 Indicate when the Qualified Organization was established and provide documentation 6 Names and addresses of the officers of the Qualified Organization if any 7 If approved to be issued a Temporary Fireworks Stand Permit, prior to issuance of said Permit, will your Qualified Organization provide the City with a certificate evidencing policies of insurance, as required by the attached City Resolution 2016-01 Yes —1 No 8 Provide a written statement describing the benefits the Qualified Organization provides to the community 9 Category Applicant requests (Please choose only one) ❑ Youth Sports, O High School or O Civic Organization Youth Spom - Youth Spurts organizations operating within the City whose main purpose is to benefit a valid youth sports activity. Examples include, but are not limited to, Little League. AYSO soccer, youth football, basketball, tennis, and golf. This category does not include individual dub or travel sports teams, or high school extracurricular activities/sports. It could include elementary school or Jr. High Youth Sports. High School- High Schools operating within the City which agree to use the proceeds for the benefit of valid student extracurricular activities1sports shall be allowed to submit one application. (All student extracurricular activides/sports/booster groups should submit their applications directly to their high school which will hold their own lottery for not more than two groups to.share a stand). Applying Huntington Beach Public High schools will each receive one stand,and applying Huntington Beach private high schools will be placed in a lonery for the one remaining stand) Civic (hguni:utions - Civic organizations operating within the City whose sole purpose is for civic betterment, or charitable or religious purposes to and for the citizens of Huntington Beach. This category does not include High Schnul.spordextracurricvlar activities or youth or adult.sports organizations. The undersigned hereby applies for a permit to sell "Safe and Sane Fireworks as a retailer pursuant to all rules and regulations adopted by the California State Fire Marshal all other applicable code standards. and to the Safe and Sane Fireworks Ordinance and Resolution established by the City of Huntington Beach Name and title of authorized officer or director of Qualified Organization (Pnnt name and Wie) Signature: Date Certificate of applicant: 1 declare, under penalty of perjury under the laws of the state of California, that I am a duly appointed agent of the entity submitting this application and have been authorized by its board to submit this application on its behalf. I further declare, under penalty of perjury, that the information provided in this application is true and correct. I understand the issuance of this permit shall not be deemed or construed to be a permit to conduct an illegal act or unlawful business prohibited by law or requiring other approvals which have not yet been obtained. I further understand that any false statements may result in the denial of the requested permit or revocation of any issued permit. Applicant's Printed Name. Applicant's Signature Phone Date Email Chapter 5.90 FIREWORKS 5.90.010 Definitions The following words and phrases,as used in this Chapter,are defined as follows: "City Clerk"means the City Clerk or his or her designee. "City Manager" means the City Manager or his or her designee. "Dangerous Fireworks"means"Dangerous Fireworks"as defined in Health and Safety Code Sections 12505 and 12561 and the relevant Sections of Title 19,Code of Regulations, Division 1, Chapter 6 as may be amended. "Fireworks Stand" means any building,counter,or other structure of a temporary nature used in the sale, offering for sale or display for sale of Safe and Sane Fireworks. "Fireworks Wholesaler" means any person,other than an importer,exporter or manufacturer selling directly to wholesalers, who sells fireworks to a retailer or any other person for resale. "Permit" means a certificate issued by the City Manager that allows a Qualified Organization chosen by way of a lottery to sell Safe and Sane Fireworks for the dates and times listed on the Permit. Issuance of a Permit does not confer to Permittee ANY PROPERTY RIGHT and the City may at its sole discretion, without notice or opportunity for hearing, revoke the Permit. "Permit Application" means a form provided by the City used to determine eligibility to participate in the Safe and Sane Fireworks lottery. "Permittee" means a Qualified Organization that has received a Permit to sell Safe and Sane Fireworks. "Public Display of Fireworks"means any event where the public is admitted or allowed to view the display or discharge of Safe and Sane Fireworks including private, theatrical or civic performances. "Qualified Organization"means any nonprofit including but not limited to 501(c)(3)or other charity as defined by Federal or State law, or a group which is an integral part of or recognized by a nonprofit or charity and in existence for at least one year prior to submitting a Permit Application or an elementary,junior high and/or high school and/or school district and recognized affiliates that serves, in whole or in part,the residents of the City or public and/or private community college, college and/or university which is located within the boundaries of the City. An organization either administratively or criminally guilty of violating any local, State or Federal law or that had a Permit revoked within 24 calendar months prior to the organization's submittal of a Permit Application shall not be a Qualified Organization. "Safe and Sane Fireworks" means Safe and Sane Fireworks as defined in Health and Safety_Code Sections 12529 and 12562 and Title 19,Code of Regulations, Division 1,Chapter 6 as may be amended. (4045-3/15) 5.90.020 Administrative Regulations Unless specifically provided for in the Huntington Beach Charter or Municipal Code,the City Manager may adopt reasonable administrative regulations to further define processes and administration of this Chapter.(4045-3/15) 5 90 030 General Prohibition of Possession, Sale or Use of Fireworks Except as pro%ided in this Chapter, no person shall possess, sell, use, displaN. ordischarge any fireworks, including, but not limited to, any Dangerous Fireworks,altered Safe and Sane Fireworks,or other combustible device or explosive substance or any kind of fireworks by another name. (4045-3/15) 5.90.040 Safe and Sane Fireworks It shall be unlawful to possess, sell,display or discharge within the City those fireworks that are defined and classified as Safe and Sane Fireworks except as provided in this Chapter. (4045-3/15) s 9o_nsn Exception—Public Disolays and Theatrical Performances Notwithstanding any other provisions of this Chapter, the Fire Chief or his or her designee may at his or her sole discretion grant permits for public displays or theatrical performances of fireworks.(4045-3/15) 5.90.060 Safe and Sane Fireworks Sales—Permits Required It shall be unlawful to sell Safe and Sane Firr " h. \%thin the City without having first applied for and received a Permit.(4045-3/15) 5,90,070 Sale of Safe and Sane Fireworks—Application Pnoteas Each year,the City Manager may issue Permits for the sale of Safe and Sane Fireworks to Qualified Organizations by means of a lottery system. The number of Permits considered for the lottery shall be determined by City Council by Resolution. If a question arises as to whether a nonprofit,charity or group is a Qualified Organization as defined in this Chapter,the City Council Liaisons to the 4th of July Board will make the determination at their sole discretion. Prior to the lottery,any Qualified Organization that wishes to participate in selling Safe and Sane Fireworks must complete a Permit Application and return it to the City Clerk prior to the dates and times described by Resolution.No Qualified Organization shall be permitted more than one location to sell Safe and Sane Fireworks. If more than one Permit Application is submitted,the City may disregard one,or all, of the Permit Applications at its sole discretion. Each of the four Huntington Beach public high schools shall, upon submittal of an application, be awarded one Permit. Private Huntington Beach high schools may each enter one application and a lottery drawing will be held among the private high school Applicants for a fifth high school Permit. Each high school which receives a Permit will hold its own lottery between its student clubs and organizations and dedicate the stand to not more than two groups. If no private high school submits an application, then the four public high schools will be entered into a lottery for the fifth high school Permit. In addition to information required in the Permit Application,the Qualified Organization shall provide the following: A. A written and signed statement, that the Qualified Organization, prior to receipt of a Permit, will provide the City a certificate evidencing policies of insurance as required by the City pursuant to its administrative regulations. B. Proof that the Qualified Organization meets the requirements of this Chapter. C. The Permit Application shall be signed by an authorized officer or director of the Qualified Organization who shall attest to the veracity of all statements in the Permit Application. D. At least one or more representatives of a Permittee shall attend a Fireworks Stand safer seminar approved by the City. The failure of a Permittee to attend the safety seminar may result in the revocation of its Permit to sell Safe and Sane Fireworks. The final Permit Applications with supporting documentation shall be filed with the City Clerk as set forth by Resolution. In the event the Qualified Organization is unable to provide the information required on the Permit Application and any supplemental information required by the City Clerk, prior to submittal deadline, the Qualified Organization will not be permitted to participate in the lottery. The City Clerk may request information clarifying or explaining the Qualified Organization's Permit Application.(4045-3/15, 4077-3/16) 5.90.080 Safe and Sane Fireworks—operation of Fireworks Stand A. No person shall kno%%ingly sell tirokorks to any person under the age of 18 years old. B. It shall be illegal to sell fireworks except between noon and 10:00 p.m.on July 1st,2nd and 3rd and between 10:00 a.m. and 9:00 p.m. on July 4th. C. No person under the age of 18 years old shall sell or participate in the sale of Safe and Sane Fireworks. D. No person shall be paid any consideration by the Permittee or any Fireworks Wholesaler of Safe and Sane Fireworks for selling or otherwise participating in the sale of Safe and Sane Fireworks. This shall not apply to licensed security personnel during sale or non-sale hours and to the party authorizing the location of the Fireworks Stand on its property. The Fire Chief or his or her designee may revoke the fireworks storage permit and/or local business permit of any Fireworks Wholesaler violating the terms of this section. E. Safe and Sane Fireworks must remain at the location listed on the Permit unless written approval to relocate is obtained from the Fire Chief or designee. Unsold Safe and Sane Fireworks may be transported back to the Fireworks Wholesaler,outside of the City, in compliance with Department of Transportation regulations for transporting fireworks after 9:00 p.m. on July 4th. (4045-3115, 4077-3/16) 5.90.090 Safe and Sane Fireworks—Permits Permittees shall apply for and obtain all City permits including but not limited to temporary event, electrical, and fire permits.(4045-3/15) 5.90.100 Safe and Sane Fireworks—Temporary Fireworks Stand A. Retail sales of Safe and Sane Fireworks are only permitted in Fireworks Stands; retail sales from any other building or structure is prohibited. Fireworks Stands must comply with NFPA 1 124 Code for the Manufacture, Transportation. Storage, and Retail Sales of Fireworks and Pyrotechnic Articles,current edition of the California Fire Code,the California Code of Regulations,Title 19, Division 1,Chapter 10. B. The Fire Chief or his or her designee may create additional rules and regulations for the operation of Fireworks Stands. A copy of any such rules and regulations shall be posted in a prominent place in each Fireworks Stand. Failure to comply with the rules and regulations shall be grounds for the immediate revocation of any Permit granted under this Chapter.(4045-3/15) 5.90.110 Safe and Sane Fireworks—Revocation of Per I he Fire Chief or his or her designee may reNoke, immediately and without notice or hearing, the Permit of any Permittee who violates Federal. State or City laws. Any Permittee whose Permit has been revoked shall be ineligible to participate in the lottery for two years from the date of revocation.(4045-3/15) 5 90 120 Safe and Sane Fireworks—Limitation on Places and Hours of Discharge A. It shall be unlawful for any person to ignite,discharge, projector otherwise use any Safe and Sane Fireworks,or allow the ignition,discharge or projection thereof on any beach, wetland, public park or any area on the ocean side of Pacific Coast Highway. B. Subject to the exception noted above, it shall be unlawful for any person to ignite, discharge, project or otherwise use any Safe and Sane Fireworks, or allow the ignition, discharge or projection thereof, except on July 4th of each year between the hours of noon and 10:00 p.m. C. It shall be unlawful for any person to ignite,discharge, project or otherwise use any Safe and Sane Fireworks,or allow the ignition,discharge or projection thereof. upon or over or onto the property of another without his or her consent or to ignite,discharge, project or otherwise use any Safe and Sane Fireworks within 10 feet of any residence,dwelling or other structure,or oil well. D. It is unlawful for any person, firm or corporation to ignite,discharge, permit or otherwise use any fireworks, including Safe and Sane Fireworks, within the following areas of the City: 1. Any public property, including, but not limited to public streets, highways, sidewalks, alleys,parks or other publicly owned property, buildings or facilities;except for residential sidewalks,alleys and streets; 2. Any property within a commercial district of the City as defined by the Huntington Beach Zoning and Subdivision Code,except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this Chapter; 3. Any property within an industrial/manufacturing district of the City as defined by the Huntington Beach Zoning and Subdivision Code,except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this section. E. Fireworks shall not be ignited,discharged, projected or otherwise used within 300 feet of a Fireworks Stand. F. It is unlawful for any person to store, sell or discharge any type of fireworks in or within 100 feet of a location where gasoline or any other flammable liquid is stored or dispensed.(4045-3/15) 5,90,130 Seizure of Fireworks The Fire Chict or his or her designee ma} seize, take. remove or cause to be removed,at the expense of the Permince, Fireworks Wholesaler, or any person, whichever is applicable,all stock of fireworks offered or exposed for sale, stored or held in violation of this Chapter.(4045-3/15) 5.90.140 Fireworks Wholesaler Public Education flan Each Fireworks Wholesaler who is supplying a Permittee Safe and Sane Fireworks shall annually submit a public education plan to the Fire Department no later than 5:00 p.m. on June I st of each year. The components of the public education plan shall be determined by the Fire Chief or his or her designee each year. (4045-3/15) 5.90.150 Miscellaneous A. This Chapter is not the exclusive regulation for fireworks within the City of Huntington Beach and does not supersede existing Federal, State or City statutes, regulations and ordinances. B. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this Chapter and each section, subsection, sentence,clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,clauses or phrases be declared invalid or unconstitutional. (4045-3/15) RESOLUTION NO 2016-01 A RESOLUTION OF TI[E CITY COUNCIL OF TI IF- CITY OF HUNTINGTON BEACH REVISING AND RESTATING RESOLUTION NO 2015-04 RELATED TO IMPLEMENTING CHARTER SECTION 805 AND MUNICIPAL CODE CHAPTER 5 90 REGARDING SAFE AND SANE FIREWORKS WHEREAS, the voters of the City of 1-luntington Beach approved an amendment to the Huntington Beach Charter adding Section 805 permitting the sale and discharge of Safe and Sane Fireworks subject to City Council regulations, and The Council finds that orderly distribution and sale of Safe and Sane Fireworks will be accomplished by setting forth rules and procedures via resolution, NOW. THEREFORE. the City Council of the City of Huntington Beach does hereby resolve as follows SECTION 1. The City Manager is hereby authoiized to implement this resolution, Huntington Beach Municipal Code (I-IBMC) Chapter 5.90 and Charter Section 805. SECTION 2 No Peimit, as defined by the FIBMC, shall be issued to any Qualified Organization that does not satisfy the requirements provided in this Resolution or FIBMC Chapter 5.90. A. The maximum number of Permits that may be issued shall be fifteen Permits during any one calendar veal as follows a maximum of five Permits shall be issued to Qualified Organizations in each of the three categories provided below, to which an applicant may apply lot only one of the categories Youth Sports— Youth sports organizations operating within the City whose main purpose is to benefit a valid youth sports activity Examples include but are not limited to little league, "AYSO" soccer. youth football, basketball, tennis, or gulf This category does not include individual club or travel sports teams, or high school exit acunicular activities/sports High School— High schools operating within the City that agree to use the proceeds for the benefit of valid student extracurricular activities/sports shall be allowed to submit one application. Civic Organizations— Civic organizations operating within the City whose sole purpose is for civic betterment, or char itable or religious purposes to and for the citizens of Huntington Beach, shall be allowed to submit one application This category aloes not include high school extracurricular activities or youth or adult sports organizations 15-4916/128089 dots l Resolution No . 2016-01 B Applications may be filed with the City Clerk beginning Match I", continuing up to 5 00 p on on the last business day in March of the same year, at which time the filing period for that year will be closed C The City Clerk shall conduct a lottery to choose fifteen qualified Pernutlees that may sell fireworks in the City pursuant to HBMC Chapter 5.90. The lottery will be conducted during a City Council meeting with the City Clerk using some means of random selection. D In addition to the requirements ofl-IB1%4C Chapter 5.90, Qualified Applicants must be organized primarily for veterans, patriotic, welfare, civic betterment, religious, athletic, educational, youth development or charitable purposes; must have their ptincipal and permanent meeting place within the City; and provide duect and regular community services and benefits to the residents of the City F-- If mote than one application is submitted on behalf of any nonprofit of ganization of affiliated organization, the City may disregard one or all of(lie 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. F. On a form provided by the City, Qualified Organizations shall provide- the proposed location of the fireworks stand: the name, address and 24-hour telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored at such location, and written permission from the owner of record and/or lessor and/ot management company of the property upon which said frrewot ks stand is proposed to be located, the proof of the applicant's status as a qualified organization, date when the applicant was organized and established, the names and addresses of the officers, if any, of the applicant, the name. address- and California State Fire Marshal's license number of any wholesaler or distributor from whom the Qualified Applicant or ietailer proposes to purchase for resale, the applicant's State Board of Equalization sales tax permit number, the manner, method and times regarding how the applicant proposes to sell Safe and Sane Fiieworks, a copy of the requisite ictail sales peimil issued by the Office of the California State Fire Marshal, and evidence ofa temporary sales tax permit iron the California State Board of Equalization SECTION 3 Permittees shall provide evidence of Insurance evidencing the following minimum coverage and limits Insurance shall be provided by an insurer authorized to do business in California with a current A M Best's rating of no less than an A- VI A General Liability Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars (SI.000,000 00) per occurrence, two million dollars ($2,000.000.00) general aggregate, for bodily injury, personal injury, and property damage without limitation, blanket contractual liability General liability policies shall provide or be endorsed using Insurance Services Office forms CG 20 26 or equivalent, to provide that City and its 15-49161128089 docx 2 Resolution No . 2016-01 officers, elected or appointed officials, employees, agents and volunteers shall be additional insureds under such policies There shall be no exclusions, included In or added to the policy, for fireworks sales or similar activities allowable under this permit B The insurance covetage provided and limits required hereunder are minimum requirements and are not intended to limit Pernuttee's indemnification obligations under Section 4 below, nor do the indemnity obligations limit the tights of the insured parties to the coverage afforded by their insured status Requiiements of specific coverage features or lunits contained in this Section 3 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by insurance Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all Inclusive, or to the exclusion of other coverage, or a waiver of any type C Any deductibles, self-insured retentions or similar forms of coverage limitations or modrlications must be declared to and appioved by the City D Permittee shall include all sub-Peimittees or subcontractors, if any, as Insureds under its policies or shall furnish separate certificates and endorsements to each sub-Permittee. E. Permittee shall provide to City, certificates of insurance and endorsements, as required, as evidence of the insurance coverage required hetern. SECTION 4 Permittees agree, as a condition of receiving a Peimit, to piotect, defend. indemnify, and hold harmless, the City, the City Council, its officers, elected or appointed officials, employees, agents, and volunteets horn and against any and all third party claims, damages, losses, expenses,judgments, demands and defense costs, however caused, tesulting from death or injury to Petmittee employees, volunteers, customers, and/or any thud party, and/or damage to Permittee property, arising directly or indirectly out of the obligations or operations undertaken by Permittee by virtue of the Permit issuance, caused in whole or in part by any act or omission of the Permittee, any subcontractors, anyone directly or indirectly employed or volunteers or anyone for whose acts any of them may be liable, including but not limited to; concurrent active negligence, except where caused by the sole active negligence, or willful misconduct of the City. In the event of an injury, claim, lawsuit, or any other dispute, the Pei mittee will conduct all legal defenses to those injuries, claims, lawsuits, or any other disputes, including the defense of the City if applicable, at its sole cost and expense, and at no cost of expense to the City The City shall approve selection of Pennittee's counsel This defense and indemnity obligation shall apply to all claims and liability regardless of whether any defenses and insurance policies are applicable The policy limits do not act as a limitation upon the amount of indemnification to be provided by Permittee 1 5-49 1 6/1 28089 docx 3 Resolution No . 2016-01 SECTION 5 Each Piieworks Wholesaler shall provide the City with a listing of reported profit from each of its fireworks Stands located in the City SECTION 6. City Council Resolution No 2015-04, and all other resolutions in conflict herewith, are hereby repealed PASSED AND ADOPTED by the City Council of the City of lluntrngton Beach at a regular meeting thereof held onthe 19th day of January 2016 REVIE EllVI'PROVED- APPROVED AS TO F01W. City a r City Attorney V-t'JlJD'.- INI" D AN PROVED Assistant City Manager 15-4916/128089 docx 4 Huntington Beach Safe and Sane Fireworks Information - 2021 1W111, Get ready to celebrate the Fourth of July' It is legal to use safe and sane fireworks in the City of Huntington Beach on the 41' of July from Noon to 10 p m (see Huntington Beach Municipal Code for requirements on places of discharge) With the passage of Measure T, the City Council wrote regulations to help non-profit organizations raise money and for all residents to have a safe 4"of July Non- profit organizations may apply for the opportunity to operate one of 15 allowed fireworks stands to raise funds for their charitable cause Application Process • A maximum of 15 permits allowing the sale of safe and sane fireworks within the City will be issued each year to non-profit organizations using a lottery system within the following categories c Youth Sports (5) . Youth sports organizations operating within the City whose main purpose is to benefit a valid youth sports activity Examples include but are not limited to IMIe league -AYSO soccer youth football basketball tennis or god This Category does not include individual club or travel sports teams. Or high school extracurricular activitieS/sports .. High School (5) High schools operating within the City that agree to use the proceeds for the benefit of valid student extracurricular activdies/sports shall be allowed to submit one application .Each of the four Huntington Beach public high schools shall. upon submittal of an application be awarded one Permit Each public high school that receives a Permit will hold its own lottery between its student clubs and organizations and dedicate the stand to not more than two groups Private Huntington Beach high schools may each enter one application and a lottery drawing will be held among the private high school Applicants for a fifth high school Permit If no pmate high school submits an application.then the four public high schools will be entered into a lottery for the fifth high school Permit Civic Organizations(5) . Civx:organizations operating within the City whose sole purpose is for civic betterment Or charitable or religious purposes to and for the citizens of Huntington Beach.shall be allowed to submit one application This category does not include high school extracurricular activities Or youth Or adult sports Organizations • To participate non-profit groups must complete an application and be deemed qualified • Completed 2021 applications must be returned to the City Clerks office between Monday. March 1 and Wednesday, March 31 by500pm • E-mailed applications will be accepted • Applications are not given priority based on date of submittal • The City Clerk shall conduct a lottery at the second City Council meeting in April (Monday. April 19) • Applicants must (in addition to other requirements on the application) Be a registered non-profit organization (Tax ID Number) Have a principal and permanent meeting place within the City Provide direct and regular community services and benefits to residents of the City • One application per organization Applications for qualified organizations are available on the City s Website at httpl/www huntingtonbeachca gov,fireworks! If you have any questions or need additional information please call the City Clerk's Office at 714 536-5227 Applications are due to the City Clerk's office by Wednesday. March 31 at 5 00 p m Reoulations Key elements of the regulations include • Safe and Sane Firework sales allowed on July 1 2. and 3 from Noon- 10 p.m and on July 4 from 10 a in -9 pm. • Discharge of Safe and Sane Fireworks is only allowed on July 4 from Noon- 10 p m. • Fireworks MAY NOT be discharged o On any beach, wetlands, or public parks o All areas on the ocean side of Pacific Coast Highway(eg Sunset Beach) o Within 10 ft of any residence dwelling or other structure or oil wells o Public Property including public streets. highways and other publicly owned property, buildings or facilities(except residential sidewalks, alleys and streets) o Properties located in commercial and industrial/manufacturing districts o Within 300 fl of a fireworks stand or within 100 ry of a gas station/flammable liquids o See ordinance and resolution for additional regulations • Improper discharge of Safe and Sane fireworks or discharge of illegal fireworks is subject to a $500 citation Residents may discharge fireworks on their residential street. however. to help keep Huntington Beach clean please properly dispose of spent fireworks property' Do not leave them in the streets. Have a Safe 4th Of July! City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk February 25, 2021 Re: Youth Sports Safe and Sane Fireworks Stand Application Process—2021 Hello! I am reaching out to all successful applicants who applied to operate a fireworks stand in the City of Huntington Beach in 2020. This year's application process will be open on Monday, March 1 and will remain active until Wednesday, March 31. Here is a sample of information related to the Youth Sports category: A maximum of 15 permits allowing the sale of safe and sane fireworks within the City will be issued each year to non- profit organizations using a lottery system within the following categories: • Youth Sports(S) Five Youth Sports organizations operating within the City whose main purpose is to benefit a valid youth sports activity. Examples include but are not limited to little league, "AYSO" soccer, youth football, basketball, tennis, or golf. This category does not include individual club or travel sports teams, or high school extracurricular activities/sports. If your organization meets Youth Sports criteria, the attached application (also available at http://www.huntingtonbeachca.gov/fireworks!) can be submitted to the City Clerk's office beginning on Monday, March 1, and concluding on Wednesday, March 31, 2021. Applications received and approved under the Youth Sports category will be placed into a lottery that will be held during the April 19, 2021 Huntington Beach City Council meeting beginning at 6:00 PM, location to be determined. For both the categories of Youth Sports and Civic Organizations, we will be drawing the names of five non-profits, and then will draw a few alternates in the event that one or more of the five lottery winners per category are not able to meet the criteria presented by the City, or who may choose to withdraw. Extracurricular activity/sport/booster group applicants under the High School category will take part in an individual lottery held by each qualified high school. Please take a moment to review the enclosed information flyer for 2021. If you have any questions, please feel free to give me a call at 714-536-5405. If you are no longer active with the organization once associated with this email, please accept my apologies, and feel free to share this information with other individuals involved in Youth Sports. Sincerely, Robin Estanislau, CMC City Clerk Encl. (2) Sister City: An)o, Japan • ,a CITY OF HUNTINGTON BEACH �• 2000 Main Street Phone. (714) 536-5227 California 92648 www.huntingtonrea71i7a iov APPLICATION TO SELL SAFE AND SANE FIREWORKS 2021 — PART A 1. INSTRUCTIONS — PART A Applicants shall complete "Part A" of this form in order to determine eligibility. • Annual application filing period begins on March 1 and ends on the last business day of March • Applications are available on the City s website at www huntingtonbeachca govlfireworks/. • Applications obtained from the City's website may be filled out on a computer. but cannot be saved electronically nor is the electronic signature feature available. • Completed 2021 applications must be returned to the City Clerk's Office by the last business day of March by 5 00 p.m. Emailed or faxed applications will be accepted The final Permit Applications with supporting documentation shall be filed with the City Clerk as set forth by Resolution. hz the event the Qualified Organization is unable to provide the information required on the Permit Application by the City Clerk prior to submittal deadline, the Qualified Organization will not be permitted to participate in the lottery. The City Clerk may,request information clarifying or explaining the information presented on the Qualified Organizations Permit Application. • Pursuant to the City Ordinance a lottery will be held during the April 19 City Council meeting • A maximum of 15 permits will be issued • Applications are not given priority based on date of submittal Please refer to City of Huntington Beach Municipal Code Chapter 5 90 and Resolution No 2016-01 for additional and specific requirements I PART A: Temporary Fireworks Stand Sales Application 1. Name and address of Qualified Organization: 2. Does your Qualified Organization meet the criteria in categories (a-e) below? O Yes O No a) The organization meets the definition of a Qualified Organization, which is defined in Huntington Beach Municipal Code Chapter 5.90 as any non-profit including, but not limited to, 501(c)(3) or other charity as defined by Federal or State law, or a group which is an integral part of or recognized by a non-profit or charity and in existence for at least one year prior to submitting a Permit Application or an Elementary, Junior High and/or High School and/or school district and recognized affiliates that serves, the residents of the City or public and/or private community college, college and/or university which is located within the boundaries of the City. b) The organization is organized primarily for veterans, patriotic, welfare, civic betterment, religious, athletic, educational, youth development, or charitable purposes. c) The organization has its principle and permanent meeting place within the City of Huntington Beach. d) The organization is one which provides direct and regular community services and benefits to the residents of the City of Huntington Beach. e) The organization has not been administratively or criminally guilty of violating any local, State or Federal law nor had a Permit revoked within 24 calendar months prior to the organization's submittal of a Permit Application. 3. Attach proof of Qualified Organization's status as a non-profit organization. 4. Location of Qualified Organization's principle and permanent meeting location: 5. Indicate when the Qualified Organization was established and provide documentation: I 6 Names and addresses of the officers of the Qualified Organization if any 7 If approved to be issued a Temporary Fireworks Stand Permit, prior to issuance of said Permit, will your Qualified Organization provide the City with a certificate evidencing policies of insurance. as required by the attached City Resolution 2016-01 9 1 Yes 1 No S Provide a written statement describing the benefits the Qualified Organization provides to the community 9 Category Applicant requests: (Please choose only one) 71 Youth Sports. O High School or ❑ Civic Organization Youth Sports - f oulh Sports organizations operating within the City whose main purpose is to bent a valid youth sports activity. Examples include, but are not limited to, Little League, AYSO soccer, youth football. basketball, tennis, and golf. This category does not include individual club or travel sports teams, or high school extracurricular activities/sports. It could include elementary school or Jr. High Youth Sports. High School- High Schools operating within the City which agree to use the proceeds for the benefit of valid student extracurricular activities/sports shall be allowed to submit one application. (All student extracurricular activilies1sporn1boosler groups should.submit their applications directly to their high school which will hold their own lonely for not more than two groups to share a stand). Appbving Huntington Beach Public High schools will each receive one stand, and apphving Huntington Beach private high schools will be placed in a loner'far the one remaining stand) Civic Organizations - Civic organizations operating within the City whose sole purpose is for civic betterment, or charitable or religious purposes to and for the citizens of Huntington Beach. This category does not include High Schnnl sporrextracurricular activities or youth or adult.sports organizations. The undersigned hereby applies for a permit to sell "Safe and Sane Fireworks' as a retailer pursuant to all rules and regulations adopted by the California State Fire Marshal, all other applicable code standards, and to the Safe and Sane Fireworks Ordinance and Resolution established by the City of Huntington Beach Name and title of authorized officer or director of Qualified Organization (Pnnr name and titre) Signature Date Certificate of applicant: I declare, under penalty of perjury under the laws of the state of California. that i am a duly appointed agent of the entity submitting this application and have been authorized by its board to submit this application on its behalf. 1 further declare, under penalty of perjury, that the information provided in this application is true and correct. I understand the issuance of this permit shall not be deemed or construed to be a permit to conduct an illegal act or unlawful business prohibited by law or requiring other approvals which have not yet been obtained. I further understand that any false statements may result in the denial of the requested permit or revocation of any issued permit. Applicants Printed Name Applicants Signature Phone: Date Email: -1 Chapter 5.90 FIREWORKS 5.90.010 Definitions The following words and phrases,as used in this Chapter,are defined as follows: "City Clerk"means the City Clerk or his or her designee. "City Manager" means the City Manager or his or her designee. "Dangerous Fireworks"means"Dangerous Fireworks"as defined in Health and Safety Code Sections 12505 and 12561 and the relevant Sections of Title 19,Code of Regulations, Division 1, Chapter 6 as may be amended. "Fireworks Stand" means any building,counter,or other structure of a temporary nature used in the sale, offering for sale or display for sale of Safe and Sane Fireworks. "Fireworks Wholesaler" means any person, other than an importer,exporter or manufacturer selling directly to wholesalers, who sells fireworks to a retailer or any other person for resale. "Permit" means a certificate issued by the City Manager that allows a Qualified Organization chosen by way of a lottery to sell Safe and Sane Fireworks for the dates and times listed on the Permit. Issuance of a Permit does not confer to Permittee ANY PROPERTY RIGHT and the City may at its sole discretion, without notice or opportunity for hearing, revoke the Permit. "Permit Application" means a form provided by the City used to determine eligibility to participate in the Safe and Sane Fireworks lottery. "Permittee" means a Qualified Organization that has received a Permit to sell Safe and Sane Fireworks. "Public Display of Fireworks"means any event where the public is admitted or allowed to view the display or discharge of Safe and Sane Fireworks including private,theatrical or civic performances. "Qualified Organization"means any nonprofit including but not limited to 501(c)(3)or other charity as defined by Federal or State law,or a group which is an integral part of or recognized by a nonprofit or charity and in existence for at least one year prior to submitting a Permit Application or an elementary,junior high and/or high school and/or school district and recognized affiliates that serves, in whole or in part,the residents of the City or public and/or private community college, college and/or university which is located within the boundaries of the City. An organization either administratively or criminally guilty of violating any local. State or Federal law or that had a Permit revoked within 24 calendar months prior to the organization's submittal of a Permit Application shall not be a Qualified Organization. "Safe and Sane Fireworks" means Safe and Sane Fireworks as defined in Health and Safety Code Sections 12529 and 12562 and Title 19,Code of Regulations, Division I,Chapter 6 as may be amended. (4045-3/15) 5.90.020 Administrative Regulations Unless specifically provided for in the Huntington Beach Charter or Municipal Code, the City Manager may adopt reasonable administrative regulations to further define processes and administration of this Chapter. (4045-3/15) 5.90.030 General Prohibition of Possession, Sale or Use of Fireworks Except as pro%ided in this Chapter, no person shall possess, sell, use, display, or discharge any fireworks, including, but not limited to, any Dangerous Fireworks, altered Safe and Sane Fireworks,or other combustible device or explosive substance or any kind of fireworks by another name.(4045-3/15) 5.90.040 Safe and Sane Fireworks It shall be unlawful to possess, sell, display or discharge within the City those fireworks that are defined and classified as Safe and Sane Fireworks except as provided in this Chapter. (4045-3/15) 5.90.050 Exception—Public Disulays and Theatrical Performances Notwithstanding any other provisions of this Chapter,the Fire Chief or his or her designee may at his or her sole discretion grant permits for public displays or theatrical performances of fireworks. (4045-3/15) 5.90.060 Safe and Sane Fireworks Sales—Permits Required It shall be unla%�lul to sell Sale and Sane I iro%orh. %k ithin the City without having first applied for and received a Permit. (4045-3/15) 5.90,070 Sale of Safe and Sane Fireworks—Application Process Each year,the ( its Manager may issue Permits for the sale of Safe and Sane Fireworks to Qualified Organizations bN means of a lottery system. The number of Permits considered for the lottery shall be determined by City Council by Resolution. If a question arises as to whether a nonprofit,charity or group is a Qualified Organization as defined in this Chapter, the City Council Liaisons to the 4th of July Board will make the determination at their sole discretion. Prior to the lottery, any Qualified Organization that wishes to participate in selling Safe and Sane Fireworks must complete a Permit Application and return it to the City Clerk prior to the dates and times described by Resolution.No Qualified Organization shall be permitted more than one location to sell Safe and Sane Fireworks. If more than one Permit Application is submitted,the City may disregard one, or all, of the Permit Applications at its sole discretion. Each of the four Huntington Beach public high schools shall, upon submittal of an application, be awarded one Permit. Private Huntington Beach high schools may each enter one application and a lottery drawing will be held among the private high school Applicants for a fifth high school Permit. Each high school which receives a Permit will hold its own lottery between its student clubs and organizations and dedicate the stand to not more than two groups. If no private high school submits an application,then the four public high schools will be entered into a lottery for the fifth high school Permit. In addition to information required in the Permit Application,the Qualified Organization shall provide the following: A. A written and signed statement,that the Qualified Organization, prior to receipt of a Permit, will provide the City a certificate evidencing policies of insurance as required by the City pursuant to its administrative regulations. B. Proof that the Qualified Organization meets the requirements of this Chapter. C. The Permit Application shall be signed by an authorized officer or director of the Qualified Organization who shall attest to the veracity of all statements in the Permit Application. D. At least one or more representatives of a Perminee shall attend a Fireworks Stand safety seminar approved by the City. The failure of a Permittee to attend the safety seminar may result in the revocation of its Permit to sell Safe and Sane Fireworks. The final Permit Applications with supporting documentation shall be filed with the City Clerk as set forth by Resolution. In the event the Qualified Organization is unable to provide the information required on the Permit Application and any supplemental information required by the City Clerk, prior to submittal deadline,the Qualified Organization will not be permitted to participate in the lottery. The City Clerk may request information clarifying or explaining the Qualified Organization's Permit Application.(4045-3/15, 4077-3/16) 5.90.080 Safe and Sane Fireworks—Operation of Fireworks Stand A. No person shall knoss ing1% sell tire%%orks to am person under the age of 18 years old. B. It shall be illegal to sell fireworks except between noon and 10:00 p.m. on July Ist, 2nd and 3rd and between 10:00 a.m. and 9:00 p.m. on July 4th. C. No person under the age of 18 years old shall sell or participate in the sale of Safe and Sane Fireworks. D. No person shall be paid any consideration by the Permittee or any Fireworks Wholesaler of Safe and Sane Fireworks for selling or otherwise participating in the sale of Safe and Sane Fireworks. This shall not apply to licensed security personnel during sale or non-sale hours and to the party authorizing the location of the Fireworks Stand on its property. The Fire Chief or his or her designee may revoke the fireworks storage permit and/or local business permit of any Fireworks Wholesaler violating the terns of this section. E. Safe and Sane Fireworks must remain at the location listed on the Permit unless written approval to relocate is obtained from the Fire Chief or designee. Unsold Safe and Sane Fireworks may be transported back to the Fireworks Wholesaler,outside of the City, in compliance with Department of Transportation regulations for transporting fireworks after 9:00 p.m.on July 4th. (4045-3/15, 4077-3/16) 5,90.090 Safe and Sane Fireworks—Permits Perniuces shall apply for and obtain all City permits including but not limited to temporary event, electrical, and fire permits. (4045-3/15) 5.90.100 Safe and Sane Fireworks—Temporary Fireworks Stand A. Retail sales of Safe and Sane Fireworks are only permitted in Fireworks Stands: retail sales from any other building or structure is prohibited. Fireworks Stands must comply with NFPA 1 124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles,current edition of the California Fire Code,the California Code of Regulations,Title 19, Division I, Chapter 10. B. The Fire Chief or his or her designee may create additional rules and regulations for the operation of Fireworks Stands. A copy of any such rules and regulations shall be posted in a prominent place in each Fireworks Stand. Failure to comply with the rules and regulations shall be grounds for the immediate revocation of any Permit granted under this Chapter. (4045-3/15) 5,90.110 Safe and Sane Fireworks—Revocation of Permit The Fire Chicfor his or her designee may revoke, immediately and without notice or hearing, the Permit of any Permittee who violates Federal, State or City laws. Any Permittee whose Permit has been revoked shall be ineligible to participate in the lottery for two years from the date of revocation. (4045-3/15) 5.90.120 Safe and Sane Fireworks—Limitation on Places and Hours of Discharge A. It shall be unlawful for any person to ignite,discharge, projector otherwise use any Safe and Sane Fireworks,or allow the ignition, discharge or projection thereof on any beach, wetland, public park or any area on the ocean side of Pacific Coast Highway. B. Subject to the exception noted above, it shall be unlawful for any person to ignite,discharge, project or otherwise use any Safe and Sane Fireworks,or allow the ignition,discharge or projection thereof,except on July 4th of each year between the hours of noon and 10:00 p.m. C. It shall be unlawful for any person to ignite, discharge, project or otherwise use any Safe and Sane Fireworks, or allow the ignition,discharge or projection thereof, upon or over or onto the property of another without his or her consent or to ignite,discharge, project or otherwise use any Safe and Sane Fireworks within 10 feet of any residence, dwelling or other structure,or oil well. D. It is unlawful for any person, firm or corporation to ignite,discharge, permit or otherwise use any fireworks, including Safe and Sane Fireworks, within the following areas of the City: 1. Any public property, including, but not limited to public streets, highways, sidewalks, alleys, parks or other publicly owned property, buildings or facilities;except for residential sidewalks,alleys and streets; 2. Any property within a commercial district of the City as defined by the Huntington Beach Zoning and Subdivision Code,except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this Chapter: 3. Any property within an industriaUmanufacturing district of the City as defined by the Huntington Beach Zoning and Subdivision Code,except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this section. E. Fireworks shall not be ignited,discharged, projected or otherwise used within 300 feet of a Fireworks Stand. F. It is unlawful for any person to store, sell or discharge any type of fireworks in or within 100 feet of a location where gasoline or any other flammable liquid is stored or dispensed. (4045-3/15) 5.90.130 Seizure of Fireworks the I ire Chief or his or her designee may seize,take, remove or cause to be removed,at the expense of the Permittee, Fireworks Wholesaler, or any person, whichever is applicable,all stock of fireworks offered or exposed for sale, stored or held in violation of this Chapter.(4045-3/15) 5.90.140 Fireworks Wholesaler Public Education Plan Each Fireworks Wholesaler who is supplying a Permittee Safe and Sane Fireworks shall annually submit a public education plan to the Fire Department no later than 5:00 p.m. on June I st of each year. The components of the public education plan shall be determined by the Fire Chief or his or her designee each year. (4045-3/15) 5.90.150 Miscellaneous A. Ibis Chapter is not the exclusive regulation for fireworks within the City of Huntington Beach and does not supersede existing Federal. State or City statutes, regulations and ordinances. B. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this Chapter and each section, subsection, sentence,clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (4045-3/15) RESOLUTION NO 2016-01 A RESOLUTION OF TFIF CITY COUNCIL OF THE CITY OF HUNfINGTON BEACH REVISING AND RESTATING RESOLUTION NO 2015-04 RELATED TO IMPLEMENTING CHARTER SECTION 805 AND MUNICIPAL CODE CI IAPTER 5 90 REGARDING SAFE AND SANE FIREWORKS WHEREAS, the voters of the City of Huntington Beach approved an amendment to the Huntington Beach Charter adding Section 805 permitting the sale and discharge of Safe and Sane Fireworks subject to City Council regulations, and The Council finds that orderly distribution and sale of Safe and Sane Fireworks will be accomplished by setting forth rules and procedures via resolution, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows- SECTION 1. The City Manager is hereby authorized to implement this resolution, Huntington Beach Municipal Code (I-IBMC) Chapter 5.90 and Charter Section 805. SECTION 2 No Pei nit, as defined by the HBMC, shall be issued to any Qualified Organization that does not satisfy the tequirements provided in this Resolution or f IBMC Chapter 5.90. A. The maximum number of Permits that may be issued shall be fifteen Permits duting any one calendar year as follows a maximum of five Permits shall be Issued to Qualified Organizations in each of the three categoues provided below, to which an applicant may apply fot only one of the categories- Youth Sports - Youth sports organizations operating within the City whose main Purpose is to benefit a valid youth sports activity Examples Include but are not limited to little league, "AYSO" soccer, youth football, basketball, tennis, or golf This category does not include individual club or travel sports teams, or high school extiacunicular activities/sports High School - High schools operating within the City that agree to use the proceeds for the benefit of valid student extracurricular activities/sports shall be allowed to submit one application. Civic Organizations -Civic organizations operating within the City whose sole purpose is for civic betterment, or chat itable or religious purposes to and for the citizens of Huntington Beach. shall be allowed to submit one application This category does not include high school extracurricular activities or youth or adult sports organizations 154916/128089 docx 1 Resolution No . 2016-01 B Applications may be filed with the City Clerk beginning March I", continuing up to 5 00 p in on the last business day in March of the same year, at which time the filing period for that year will be closed C The City Clerk shall conduct a lottery to choose fifteen qualified Pernuttees that may sell fireworks in the City pursuant to HBMC Chapter 5.90. The lottery will be conducted during a City Council meeting with the City Clerk using some means of random selection. D In addition to the requirements of I-IBMC Chapter 5.90, Qualified Applicants must be organized primaidy for veterans, patriotic, welfare, civic betterment, religious, athletic, educational, youth development or charitable purposes; must have their principal and permanent meeting place within the City; and provide duect and regular community services and benefits to the residents of the City E If more than one application is submitted on behalf of any nonprofit organization of affiliated organization, the City may disregard one or all of the applications at its sole discretion Any attempt to transfer an application shall void that application and may preclude an applicant fiom participating in the lottery In future years. F. On a form provided by the City, Qualified Organizations shall provide- the proposed location of the fireworks stand: the name, address and 24-hour telephone number of one or more responsible adults who will be in charge of and iesponsible for the fireworks stand during the period fireworks are sold, displayed or stoied at such location, and written permission from the owner of record and/or lessor and/oi management company of the property upon which said fireworks stand is proposed to be located, the proof of the applicant's status as a qualified organization, date when the applicant was organized and established, the names and addresses of the officers, if any, of the applicant, the name, address, and California State Fire Maishal's license number of any wholesaler or distributor from whom the Qualified Applicant or retailer proposes to purchase for resale, the applicant's State Board of Equalization sales tax penult number, the manner, method and times regarding how the applicant proposes to sell Safe and Sane Fireworks, a copy of the requisite retail sales permit issued by the Office of the California State Fire Marshal, and evidence of a temporaty sales tax pernut from the California State Board of Equalization SECTION 3 Permittees shall provide evidence of insurance evidencing the following minimum coverage and limits Insurance shall be provided by an insurer authorized to do business in California with a current A M Best's rating of no less than an A- VI A General Liability Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars (SI.000,00000) per occurrence, two million dollars ($2,000,000.00) general aggregate, for bodily injury, personal injury, and property damage without limitation, blanket contractual liability General liability policies shall provide or be endorsed using Insurance Services Office forms CG 20 26 or equivalent, to provide that City and its 15-4916/128089 docx 2 Resolution No . 2016-01 officers, elected or appointed officials, employees, agents and voluntects shall be additional insureds under such policies There shall be no exclusions, included in or added to the policy, for fireworks sales or sunilar activities allowable under this permit B l-he insurance covetage provided and limits required hereunder are minimum requirements and are not intended to limit Permittee's indemnification obligations under Section 4 below, nor do the indemnity obligations limit the sights of the insured parties to the coverage afforded by their insured status Requirements of specific coverage features or limits contained in this Section 3 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by insurance Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or Insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type C Any deductibles, self-insured retentions or similar forms of coverage limitations or modifications must be declared to and approved by the City D Permrttee shall include all sub-Pei nittees or subcontractors, if any, as Insureds under its policies or shall furnish separate certificates and endorsements to each sub-Permittee. E. Permittee shall provide to City, certificates of insurance and endorsements, as required, as evidence of the insurance coverage required heteui. SECTION 4 Pennittees agree, as a condition of teceiving a Peimit, to protect, defend, indemnify, and hold harmless, the City, the City Council, its officers, elected or appointed officials, employees, agents, and volunteers fionm and against any and all third party claims, damages, losses, expenses,judgments, demands and defense costs, however caused, resulting from death or injury to Permittee employees, volumeeis, customers, and/or any find party, and/or damage to Permittee property, arising directly or indirectly out of the obligations or operations undertaken by Permittee by virtue of the Permit issuance, caused in whole or in part by any act or omission of the Permrttee, any subcontractors, anyone directly or indirectly employed or volunteers or anyone for whose acts any of them may be liable, including but not limited to, concurrent active negligence, except where eaused by the sole active negligence, or willful misconduct of the City. In the event of an injury, claim, lawsuit, or any other dispute, the Permrttee will conduct all legal defenses to those injuries, claims, lawsuits, or any othet disputes, including the defense of the City if applicable, at its sole cost and expense, and at no cost m expense to the City The City shall approve selection of Pennittee's counsel This defense and indemnity obligation shall apply to all claims and liability regardless of whether any defenses and insurance policies are applicable The policy limits do not act as a limitation upon the anoint of indemnification to be provided by Permittee 15-4916/128089 docx 3 Resolution No . 2016-01 SECTION 5 Each Fireworks Wholesaler shall provide the City with a listing of reported profit from each of its Fireworks Stands located in the City SECTION 6. City Council Resolution No 2015-04, and all other resolutions in conflict herewith, are hereby repealed PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of January 2016 cxwlr REVIE GDVPPROVED- APPROVED AS TO FORM. CityMaUg6 City Attomey �R 1 tl?I��S INI' " 'D AN PROVED Assistant City Manager 154916/128089 docs 4 Huntington Beach Safe and Sane E Fireworks Information - 2021 Get ready to Celebrate the Fourth of July' It is legal to use safe and sane fireworks in the City of Huntington Beach on the 4 of July from Noon to 10 p m (see Huntington Beach Municipal Code for requirements on places of discharge).With the passage of Measure T, the City Council wrote regulations to help non-profit organizations raise money and for all residents to have a safe 4 of July Non- profit organizations may apply for the opportunity to operate one of 15 allowed fireworks stands to raise funds for their charitable cause Application Process • A maximum of 15 permits allowing the sale of safe and sane fireworks within the City will be issued each year to non-profit organizations using a lottery system within the following categones. Youth Sports(5) Youth sports organizations operating within the City whose main purpose is to benefit a valid youth sports activity Examples include but are not limited to little league 'AYSO-soccer youth football basketball tennis or golf This category does not incude individual club or travel sports teams or high school extracurricular aaivities/sports High School (5) High schools operating within the City that agree to use the proceeds for the benefit of valid student extracumcular aarvities/sports shall be allowed to submit one application Each of the four Huntington Beach public high schools shall upon submittai of an application be awarded one Permit Each public high school that receives a Permit will hold its own lottery between its student clubs and organizations and dedicate the stand to not more than two groups Private Huntington Beach high schools may each enter one application and a lottery drawing will be held among the private high school Applicants for a fifth high school Permit If no pnvale high school submits an application.then the four public high schools will be entered into a lottery for the fifth high School Permit Civic Organizations (5) Civic organizations operating within the City.whose sole purpose is for civic betterment or charitable or religious purposes to and for the citizens of Huntington Beach shall be allowed to submit one application This category does not include high school extracurricular activities or youth or adult sports organizations • To participate, non-profit groups must complete an application and be deemed qualified • Completed 2021 applications must be returned to the City Clerks office between Monday, March 1. and Wednesday, March 31 by 5.00 p in • E-mailed applications will be accepted • Applications are not given priority based on date of submittal • The City Clerk shall conduct a lottery at the second City Council meeting in Apnl (Monday. Apnl 19) • Applicants must (in addition to other requirements on the application) Be a registered non-profit organization (Tax ID Number) Have a principal and permanent meeting place within the City Provide direct and regular community services and benefits to residents of the City • One application per organization Applications for qualified organizations are available on the City s Website at http uwww.huntinotonbeachcagov/fireworks/ If you have any questions or need additional information, please call the City Clerk's Office at 714 536-5227. Applications are due to the City Clerks office by Wednesday. March 31 at 5 00 p m Reoulations Key elements of the regulations include • Safe and Sane Firework sales allowed on July 1. 2, and 3 from Noon- 10 p m and on July 4 from 10 am -9 p m • Discharge of Safe and Sane Fireworks is only allowed on July 4 from Noon- 10 pm • Fireworks MAY NOT be discharged On any beach.wetlands. or public parks All areas on the ocean side of Pacific Coast Highway(eg. Sunset Beach) Within 10 It of any residence, dwelling or other structure or oil wells Public Property, including public streets. highways and other publicly owned property. buildings or facilities (except residential sidewalks alleys. and streets) Properties located in commercial and industnaVmanufactunng districts Within 300 It of a fireworks stand or within 100 It of a gas station/flammable liquids See ordinance and resolution for additional regulations • Improper discharge of Safe and Sane fireworks or discharge of illegal fireworks is subject to a $500 citation • Residents may discharge fireworks on their residential street, however. to help keep Huntington Beach clean, please properly dispose of spent fireworks properly' Do not leave them in the streets. Have a Safe 4th of July! City of Huntington Beach ,2000 Main Street • Huntington Beach, CA 92648 (714) 536-5227 ♦ www,huntingtonbeachca.gov Office of the City Clerk Robin Estanislau,City Clerk February 25.2021 David Whitmire. Principal Liberty Christian High School 7661 Warner Avenue Huntington Beach CA 92647 Re: Safe and Sane Fireworks Stand Lottery Information -2021 Dear Principal Whitmire, With July 4,2021 festivities quickly approaching, 1 am writing to solicit your interest in applying to participate in the Safe and Sane Fireworks Stand Lottery this year to raise funds for a student activity,/sports group affiliated with your school. The City of Huntington Beach authorizes a maximum of fifteen(15)Safe and Sane Fireworks Stand permits, five of which are devoted to high school student activity/sports groups. Each public high schools will have the opportunity to submit one application that guarantees one Safe and Sane Fireworks stand permit for its school's student activity/sports groups. It will be the responsibility of each public high school to collect and review applications from their qualified groups(including booster clubs) during the application period(March I through March 31). Once the application period has closed,only student groups that meet the specific criteria will be allowed to participate in a lottery conducted by each public high school. Public high schools can select up to two student activity/sports group winners to run and profit from one stand. Private Huntington Beach high schools may submit one application to participate in a lottery drawing held at the regular City Council meeting of April 19(location to be determined), for the fifth high school permit. If no private high school submits an application,then the fifth permit will he awarded by lottery to one of the four public high schools. Included in this communication is a High School Application,which should be completed by you and returned to me as soon as possible. To help assure that all of the required paperwork is properly processed, it would be helpful to have contact information for others within your organization that will be responsible for managing this year's Fireworks Stand process. Also included is an instructional letter and application that should be used for duplication/distribution purposes to your high school student activity/sports groups. I look forward to assisting you in obtaining a stand for a successful student group 4'°of July fundraising effort. If you have any questions or concerns, please do not hesitate to call or email me directly. Sincerely, Wile;-. Robin Estanislau,CMC City Clerk 714-536-5405 Robin.Estanislauasurfcity-hb.org Encl.2 Sister Cities: Anjo, Japan City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau,City Clerk February 25,2021 Matthew Chavez,Superintendent Brethren Christian High School 21141 Strathmoor Lane Huntington Beach CA 92646 Re: Safe and Sane Fireworks Stand Lottery Information -2021 Dear Superintendent Chavez, With July 4,2021 festivities quickly approaching. I am writing to solicit your interest in applying to participate in the Safe and Sane Fireworks Stand Lottery this year to raise funds for a student activity/sports group affiliated with your school. The City of Huntington Beach authorizes a maximum of fifteen(15)Safe and Sane Fireworks Stand permits, five of which are devoted to high school student activity/sports groups. Each public high school will have the opportunity to submit one application that guarantees one Safe and Sane Fireworks stand permit for its school's student activity/sports groups. It will be the responsibility of each public high school to collect and review applications from their qualified groups(including booster clubs) during the application period(March I through March 31). Once the application period has closed,only student groups that meet the specific criteria will be allowed to participate in a lottery conducted by each public high school. Public high schools can select up to two student activity/sports group winners to run and profit from one stand. Private Huntington Beach high schools may submit one application to participate in a lottery drawing held at the regular City Council meeting of April 19(location to be determined), for the fifth high school permit. If no private high school submits an application,then the fifth permit will be awarded by lottery to one of the four public high schools. Included in this communication is a High School Application,which should be completed by you and returned to me as soon as possible. To help assure that all of the required paperwork is properly processed, it would be helpful to have contact information for others within your organization that will be responsible for managing this year's Fireworks Stand process. Also included is an instructional letter and application that should be used for duplication/distribution purposes to your high school student activity/sports groups. I look forward to assisting you in obtaining a stand for a successful student group 4"of July fundraising effort. If you have any questions or concerns, please do not hesitate to call or email me directly. Sincerely, Ro)bin Estanislau,CMC City Clerk 7I4-536-5405 Robin. hb.orL Encl.2 c: Stacey Whitmire,Assistant Principal Sister Cities. Anjo, Japan City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Sstanislau,City Clerk February 25,2021 Dr. Jessie Marion, Principal Marina High School 15871 Springdale Street Huntington Beach CA 92649 Re: Safe and Sane Fireworks Stand Lottery Information-2021 Dear Principal Marion, With July 4,2021 festivities quickly approaching. I am writing to solicit your interest in applying to reserve a Safe and Sane Fireworks stand this year for a student activityi sports group fundraising opportunity. The City of Huntington Beach authorizes a maximum of fifteen(15)Safe and Sane Fireworks Stand permits, five of which are devoted to high school student activity/sports groups. Each public high school will have the opportunity to submit an application that guarantees one Safe and Sane Fireworks stand for its own school's student activity/sports groups. It will be the responsibility of each public high school to collect and review applications from their qualified groups(including booster clubs)during the application period(March I through March 31). Once the application period has closed,only student groups that meet the specific criteria will be allowed to participate in a lottery conducted by each public high school. Public high schools can select up to two student activity/sports group winners to run and profit from one fireworks stand. It is recommended that at least two alternates be selected as a safeguard in the event one or more of the primary groups does not meet City qualifications. Private Huntington Beach high schools may submit one application,and participate in a lottery drawing on April 19 to secure the fifth high school permit. If no private high school submits an application,then the fifth high school permit will be awarded by lottery to one of the four public high schools. Included in this communication is a High School Application,which should be completed by you and returned to me as soon as possible. To help assure that all of the required paperwork is properly processed, it would be helpful to have contact information for others within your organization that will be responsible for managing this year's Fireworks Stand process. Also included is an instructional letter and application that should be used for duplication/distribution purposes to your high school student activity/sports groups. I look forward to assisting you in obtaining a stand for a successful student group 4'of July fundraising effort. If you have any questions or concerns, please do not hesitate to call or email me directly. Sincerely, Robin Estanislau,CIVIC City Clerk 714-536-5405 Robin.Estanislau(asurfcity-hb.org Encl.2 c: Ashleigh Broullard, Assistant Principal Sister Cities. Anjo, Japan ~� City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk February 25,2021 Jennifer Graves, Principal Edison Hight School 21400 Magnolia Street Huntington Beach CA 92646 Re: Safe and Sane Fireworks Stand Lottery Information-2021 Dear Principal Graves, With July 4,2021 festivities quickly approaching, I am writing to solicit your interest in applying to reserve a Safe and Sane Fireworks stand this year for a student activity/sports group fundraising opportunity. The City of Huntington Beach authorizes a maximum of fifteen(15)Safe and Sane Fireworks Stand permits, five of which are devoted to high school student activity:'sports groups. Each public high school will have the opportunity to submit an application that guarantees one Safe and Sane Fireworks stand for its own school's student activity sports groups. It will be the responsibility of each public high school to collect and review applications from their qualified groups(including booster clubs)during the application period(March I through March 31). Once the application period has closed,only student groups that meet the specific criteria will be allowed to participate in a lottery conducted by each public high school. Public high schools can select up to two student activity/sports group winners to run and profit from one fireworks stand. It is recommended that at least two alternates be selected as a safeguard in the event one or more of the primary groups does not meet City qualifications. Private Huntington Beach high schools may submit one application,and participate in a lottery drawing on April 19 to secure the fifth high school permit. If no private high school submits an application,then the fifth high school permit will be awarded by lottery to one of the four public high schools. Included in this communication is a High School Application,which should be completed by you and returned to me as soon as possible. To help assure that all of the required paperwork is properly processed, it would be helpful to have contact information for others within your organization that will be responsible for managing this year's Fireworks Stand process. Also included is an instructional letter and application that should be used for duplication/distribution purposes to your high school student activity/sports groups. 1 look forward to assisting you in obtaining a stand for a successful student group 4'°of July fundraising effort. If you have any questions or concerns,please do not hesitate to call or email me directly. Sincerely, Ro in Estanislau,CMC City Clerk 714-536-5405 Robin.Estanislaura surfcity-hb.org Encl.2 c: Kevin Fairman,Assistant Principal Sister Cities. Anjo, Japan City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk February 25,2021 Danny Morris, Principal Huntington Beach High School 1905 Main Street Huntington Beach CA 92649 Re: Safe and Sane Fireworks Stand Lottery Information -2021 Dear Principal Morris, With July 4,2021 festivities quickly approaching, I am writing to solicit your interest in applying to reserve a Safe and Sane Fireworks stand this year for a student activity/sports group fundraising opportunity. The City of Huntington Beach authorizes a maximum of fifteen(15)Safe and Sane Fireworks Stand permits, five of which are devoted to high school student activity/sports groups. Each public high school will have the opportunity to submit an application that guarantees one Safe and Sane Fireworks stand for its own school's student activity/sports groups. It will be the responsibility of each public high school to collect and review applications from their qualified groups(including booster clubs)during the application period(March I through March 31). Once the application period has closed,only student groups that meet the specific criteria will be allowed to participate in a lottery conducted by each public high school. Public high schools can select up to two student activity/sports group winners to run and profit from one fireworks stand. It is recommended that at least two alternates be selected as a safeguard in the event one or more of the primary groups does not meet City qualifications. Private Huntington Beach high schools may submit one application,and participate in a lottery drawing on April 19 to secure the fifth high school permit. If no private high school submits an application,then the fifth high school permit will be awarded by lottery to one of the four public high schools. Included in this communication is a High School Application,which should be completed by you and returned to me as soon as possible. To help assure that all of the required paperwork is properly processed, it would be helpful to have contact information for others within your organization that will be responsible for managing this year's Fireworks Stand process. Also included is an instructional letter and application that should be used for duplication/distribution purposes to your high school student activity/sports groups. I look forward to assisting you in obtaining a stand for a successful student group 4"of July fundraising effort. if you have any questions or concerns, please do not hesitate to call or email me directly. Sincerely, Robin Estanislau,CMC City Clerk 714-536-5405 Robin.EstanislauAsurfc ity-hb.org Encl.2 c: Dave Yonts, Assistant Principal Sister Cities. Anjo, Japan 4 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov a Office of the City Clerk Robin Estanislau,City Clerk February 25,2021 Robert Rasmussen, Principal Ocean View High School 17071 Gothard Street Huntington Beach CA 92647 Re: Safe and Sane Fireworks Stand Lottery Information-2021 Dear Principal Rasmussen, With July 4,2021 festivities quickly approaching. I am writing to solicit your interest in applying to reserve a Safe and Sane Fireworks stand this year for a student activity sports group fundraising opportunity. The City of Huntington Beach authorizes a maximum of fifteen(15)Safe and Sane Fireworks Stand permits,five of which are devoted to high school student activity/sports groups. Each public high school will have the opportunity to submit an application that guarantees one Safe and Sane Fireworks stand for its own school's student activity/sports groups. It will be the responsibility of each public high school to collect and review applications from their qualified groups(including booster clubs)during the application period(March 1 through March 31). Once the application period has closed,only student groups that meet the specific criteria will be allowed to participate in a lottery conducted by each public high school. Public high schools can select up to two student activity/sports group winners to run and profit from one fireworks stand. It is recommended that at least two alternates be selected as a safeguard in the event one or more of the primary groups does not meet City qualifications. Private Huntington Beach high schools may submit one application,and participate in a lottery drawing on April 19 to secure the fifth high school permit. If no private high school submits an application,then the fifth high school permit will be awarded by lottery to one of the four public high schools. Included in this communication is a High School Application,which should be completed by you and returned to me as soon as possible. To help assure that all of the required paperwork is properly processed, it would be helpful to have contact information for others within your organization that will be responsible for managing this year's Fireworks Stand process. Also included is an instructional letter and application that should be used for duplication distribution purposes to your high school student activity/sports groups. I look forward to assisting you in obtaining a stand for a successful student group 4th of July fundraising effort. If you have any questions or concerns,please do not hesitate to call or email me directly. cerely, Robin Estanislau,CMC City Clerk 714-536-5405 Robin.Estan islaura surfc itv-hb.org Encl.2 c: Jodi Young, Assistant Principal Sister Cities. Anjo, Japan HIGH SCHOOL FIREWORKS LOTTERY RESULTS FORM High School Name: Student Activity/Sports Groups Winner(s): 1. 2. Alternates: 1. 2. 3. 4. Please record lottery results and deliver to the City Clerk with Student Activity/Sports Group Applications no later than Monday, April S. Thank you, Robin Estanislau, CIVIC City Clerk Robin.Estanislau@surfcity-hb.org (714) 536-5405 ,a CITY OF HUNTINGTON BEACH 2000 Main Street Phone (714( 536-5227 California 92648 www huntingtonbeachca gov HIGH SCHOOL Category APPLICATION TO SELL SAFE AND SANE FIREWORKS - PART A 2021 1. INSTRUCTIONS - PART A Applicants shall complete "Part A" of this form in order to determine eligibility. • Annual application filing period begins on March 1 and ends on the last business day of March • Completed 2021 applications must be returned to the City Clerk's Office no later than Wednesday, March 31 by 5:00 p.m. Emailed or faxed applications will be accepted. The final Permit Applications with supporting documentation shall be filed with the City Clerk as set forth by Resolution. In the event the Qualified Organization is unable to provide the information required on the Permit Application to the City Clerk prior to submittal deadline, the Qualified Organization will not be permitted to participate in the lottery. The City Clerk may request information clarifying or explaining the information presented on the Qualified Organization's Permit Application. • Each school will have a lottery to which a representative of each applying group will be invited • A maximum of 5 permits will be issued to Huntington Beach High Schools Please refer to City of Huntington Beach Municipal Code Chapter 5 90 and Resolution No. 2016-01 (attached), for additional and specific requirements Return to City Clerk ASAP, but no later than 5 p.m. on Tuesday. March 31, 2021. Robin Estanislau, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 City of Huntington Beach Part A: High School Temporary Fireworks Stand Sales Application, 2021 1 Applicant Category High School — High Schools operating within the City which agree to use the proceeds for the benefit of valid student extracurricular activities/sports shall be allowed to submit one application All student extracurricular activities sports/booster groups should submit their applications directly to their high school which will hold their own lottery for not more than two groups to share a stand. Applying Huntington Beach Public High schools will each receive one stand, and applying Huntington Beach private high schools will be placed in a lottery for the one remaining stand. 2 Name and address of Huntington Beach High School The undersigned hereby applies for a stand and will chose by lottery 1 or 2 student extracurricular/ sports groups to sell 'Safe and Sane Fireworks as a retailer pursuant to all rules and regulations adopted by the California State Fire Marshal, all other applicable code standards, and to the Safe and Sane Fireworks Ordinance and Resolution established by the City of Huntington Beach Name and title of authorized officer or director of the High School (Pnnt name and title) Signature Date Certificate of applicant: /declare, under penalty of perjury under the laws of the state of California, that 1 am a duly appointed agent of the entity submitting this application and have been authorized to submit this application on its behalf. I further declare. under penalty of perjury, that the information provided in this application is true and correct. I understand the issuance of this permit shall not be deemed or construed to be a permit to conduct an illegal act or unlawful business prohibited by law or requiring other approvals which have not yet been obtained. I further understand that any false statements may result in the denial of the requested permit or revocation of any issued permit. Applicant's Printed Name Applicant's Signature Email: Phone: Date: HIGH SCHOOL FIREWORKS LOTTERY RESULTS FORM High School Name: Student Activity/Sports Groups Winner(s): 1. 2. Alternates: 1. 2. 3. 4. Please record lottery results and deliver to the City Clerk with Student Activity/Sports Group Applications no later than Monday, April 5. Thank you, Robin Estanislau, CMC City Clerk Robin.Estanislau@surfcity-hb.org (714) 536-5405 Chapter 5.90 FIREWORKS 5.90.010 Definitions The following words and phrases,as used in this Chapter,are defined as follows: "City Clerk" means the City Clerk or his or her designee. "City Manager"means the City Manager or his or her designee. "Dangerous Fireworks"means"Dangerous Fireworks"as defined in Health and Safety Code Sections 12505 and 12561 and the relevant Sections of Title 19,Code of Regulations, Division I, Chapter 6 as may be amended. "Fireworks Stand" means any building,counter,or other structure of a temporary nature used in the sale, offering for sale or display for sale of Safe and Sane Fireworks. "Fireworks Wholesaler"means any person,other than an importer, exporter or manufacturer selling directly to wholesalers, who sells fireworks to a retailer or any other person for resale. "Permit"means a certificate issued by the City Manager that allows a Qualified Organization chosen by way of a lottery to sell Safe and Sane Fireworks for the dates and times listed on the Permit. Issuance of a Permit does not confer to Permittee ANY PROPERTY RIGHT and the City may at its sole discretion, without notice or opportunity for hearing, revoke the Permit. "Permit Application" means a form provided by the City used to determine eligibility to participate in the Safe and Sane Fireworks lottery. "Permittee"means a Qualified Organization that has received a Permit to sell Safe and Sane Fireworks. "Public Display of Fireworks"means any event where the public is admitted or allowed to view the display or discharge of Safe and Sane Fireworks including private, theatrical or civic performances. "Qualified Organization"means any nonprofit including but not limited to 501(c)(3)or other charity as defined by Federal or State law, or a group which is an integral part of or recognized by a nonprofit or charity and in existence for at least one year prior to submitting a Permit Application or an elementary,junior high and/or high school and/or school district and recognized affiliates that serves, in whole or in part,the residents of the City or public and/or private community college, college and/or university which is located within the boundaries of the City. An organization either administratively or criminally guilty of violating any local.State or Federal law or that had a Permit revoked within 24 calendar months prior to the organization's submittal of a Permit Application shall not be a Qualified Organization. "Safe and Sane Fireworks" means Safe and Sane Fireworks as defined in Health and Safety Code Sections 12529 and 12562 and Title 19, Code of Regulations, Division 1,Chapter 6 as may be amended. (4045-3/15) 5.90.020 Administrative Regulations Unless specifically provided for in the Huntington Beach Charter or Municipal Code, the City Manager may adopt reasonable administrative regulations to further define processes and administration of this Chapter.(4045-3/15) 5 90 030 General Prohibition of Possession, Sale or Use of Fireworks Except as pn»idcd in this Chapter, no person shall possess, sell, use, display, or discharge any fireworks, including, but not limited to,any Dangerous Fireworks, altered Safe and Sane Fireworks, or other combustible device or explosive substance or any kind of fireworks by another name. (4045-3/15) 5.90.040 Safe and Sane Fireworks It shall be unlawful to possess, sell, display or discharge within the City those fireworks that are defined and classified as Safe and Sane Fireworks except as provided in this Chapter. (4045-3/15) 5 90.050 Exception—Public Displays and Theatrical Performances Notwithstanding any other provisions of this Chapter,the Fire Chief or his or her designee may at his or her sole discretion grant permits for public displays or theatrical performances of fireworks. (4045-3/15) 5.90.060 Safe and Sane Fireworks Sales—Permits Reauired It shall be unlawful to sell Safe and Sane I iro%orks k%ithin the City without having first applied forand received a Permit.(4045-3/15) 5,90,070 Sale of Safe and Sane Fireworks—Application Process Each year,the City :Manager may issue Permits for the sale of Safe and Sane Fireworks to Qualified Organizations by means of a lottery system. The number of Permits considered for the lottery shall be determined by City Council by Resolution. If a question arises as to whether a nonprofit,charity or group is a Qualified Organization as defined in this Chapter,the City Council Liaisons to the 4th of July Board will make the determination at their sole discretion. Prior to the lottery,any Qualified Organization that wishes to participate in selling Safe and Satre Fireworks must complete a Permit Application and return it to the City Clerk prior to the dates and times described by Resolution.No Qualified Organization shall be permitted more than one location to sell Safe and Sane Fireworks. If more than one Permit Application is submitted, the City may disregard one,or all, of the Permit Applications at its sole discretion. Each of the four Huntington Beach public high schools shall, upon submittal of an application, be awarded one Permit. Private Huntington Beach high schools may each enter one application and a lottery drawing will be held among the private high school Applicants for a fifth high school Permit. Each high school which receives a Permit will hold its own lottery between its student clubs and organizations and dedicate the stand to not more than two groups. If no private high school submits an application,then the four public high schools will be entered into a lottery for the fifth high school Permit. In addition to information required in the Permit Application,the Qualified Organization shall provide the following: A. A written and signed statement,that the Qualified Organization, prior to receipt of a Permit, will provide the City a certificate evidencing policies of insurance as required by the City pursuant to its administrative regulations. B. Proof that the Qualified Organization meets the requirements of this Chapter. C. The Permit Application shall he signed by an authorized officer or director of the Qualified Organization who shall attest to the veracity of all statements in the Permit Application. D. At least one or more representatives of a Perminee shall attend a Fireworks Stand safety seminar approved by the City. The failure of a Perminee to attend the safety seminar may result in the revocation of its Permit to sell Safe and Sane Fireworks. The final Permit Applications with supporting documentation shall be filed with the City Clerk as set forth by Resolution. In the event the Qualified Organization is unable to provide the information required on the Permit Application and any supplemental information required by the City Clerk, prior to submittal deadline, the Qualified Organization will not be permitted to participate in the lottery. The City Clerk may request information clarifying or explaining the Qualified Organization's Permit Application.(4045-3/15, 4077-3/16) 5.90.080 Safe and Sane Fireworks—Operation of Fireworks Stand A. No person shall knowingly sell fireworks to any person under the age of 18 years old. B. It shall be illegal to sell fireworks except between noon and 10:00 p.m. on July I st, 2nd and 3rd and between 10:00 a.m. and 9:00 p.m.on July 4th. C. No person under the age of 18 years old shall sell or participate in the sale of Safe and Sane Fireworks. D. No person shall be paid any consideration by the Perminee or any Fireworks Wholesaler of Safe and Sane Fireworks for selling or otherwise participating in the sale of Safe and Sane Fireworks. This shall not apply to licensed security personnel during sale or non-sale hours and to the party authorizing the location of the Fireworks Stand on its property. The Fire Chief or his or her designee may revoke the fireworks storage permit and/or local business permit of any Fireworks Wholesaler violating the terms of this section. E. Safe and Sane Fireworks must remain at the location listed on the Permit unless written approval to relocate is obtained from the Fire Chief or designee. Unsold Safe and Sane Fireworks may be transported back to the Fireworks Wholesaler, outside of the City, in compliance with Department of Transportation regulations for transporting fireworks after 9:00 p.m.on July 4th. (4045-3/15, 4077-3/16) 5.90.090 Safe and Sane Fireworks—Permits Permittees shall apply for and obtain all City permits including but not limited to temporary event, electrical, and fire permits. (4045-3/15) 5.90.100 Safe and Sane Fireworks—Temporary Fireworks Stand A. Retail sales of Safe and Sane Fireworks are only permitted in Fireworks Stands; retail sales from any other building or structure is prohibited. Fireworks Stands must comply with NFPA 1 124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles,current edition of the California Fire Code,the California Code of*Regulations,Title 19, Division 1,Chapter 10. B. The Fire Chief or his or her designee may create additional rules and regulations for the operation of Fireworks Stands. A copy of any such rules and regulations shall be posted in a prominent place in each Fireworks Stand. Failure to comply with the rules and regulations shall be grounds for the immediate revocation of any Permit granted under this Chapter. (4045-3/15) 5,90,110 Safe and Sane Fireworks—Revocation of Permit The Fire Chief or his or her designee ma} rc%oke, immediately and without notice or hearing,the Permit of any Permittee who violates Federal, State or City laws. Any Permittee whose Permit has been revoked shall be ineligible to participate in the lottery for two years from the date of revocation. (4045-3/15) 5.90.120 Safe and Sane Fireworks—Limitation on Places and Hours of Discharge A. It shall be unlawful for any person to ignite,discharge, projector otherwise use any Safe and Sane Fireworks,or allow the ignition, discharge or projection thereof on any beach, wetland, public park or any area on the ocean side of Pacific Coast Highway. B. Subject to the exception noted above, it shall be unlawful for any person to ignite, discharge, project or otherwise use any Safe and Sane Fireworks, or allow the ignition,discharge or projection thereof,except on July 4th of each year between the hours of noon and 10:00 p.m. C. It shall be unlawful for any person to ignite,discharge, project or otherwise use any Safe and Sane Fireworks,or allow the ignition,discharge or projection thereof, upon or over or onto the property of another without his or her consent or to ignite,discharge, project or otherwise use any Safe and Sane Fireworks within 10 feet of any residence, dwelling or other structure,or oil well. D. It is unlawful for any person, firm or corporation to ignite,discharge, permit or otherwise use any fireworks, including Safe and Sane Fireworks,within the following areas of the City: 1. Any public property, including, but not limited to public streets, highways, sidewalks, alleys, parks or other publicly owned property, buildings or facilities;except for residential sidewalks,alleys and streets; 2. Any property within a commercial district of the City as defined by the Huntington Beach Zoning and Subdivision Code,except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this Chapter; 3. Any property within an industrial/manufacturing district of the City as defined by the Huntington Beach Zoning and Subdivision Code, except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this section. E. Fireworks shall not be ignited,discharged, projected or otherwise used within 300 feet of a Fireworks Stand. F. It is unlawful for any person to store, sell or discharge any type of fireworks in or within 100 feet of a location where gasoline or any other flammable liquid is stored or dispensed. (4045-3/15) 5.90.130 Seizure of Fireworks I he F ire Chief or his or her designee may seize,take, remove or cause to be removed, at the expense of the Permittee, Fireworks Wholesaler, or any person, whichever is applicable,all stock of fireworks offered or exposed for sale,stored or held in violation of this Chapter.(4045-3/15) 5.90.140 Fireworks Wholesaler Public Education Plan Each Fireworks Wholesaler who is supplying a Pennittee Safe and Sane Fireworks shall annually submit a public education plan to the Fire Department no later than 5:00 p.m. on June I st of each year. The components of the public education plan shall be determined by the Fire Chief or his or her designee each year. (4045-3/15) 5.90.150 Miscellaneous A. phis Chapter is not the exclusive regulation for fireworks within the City of Huntington Beach and does not supersede existing Federal, State or City statutes, regulations and ordinances. B. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter.The City Council hereby declares that it would have passed this Chapter and each section, subsection, sentence,clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,clauses or phrases be declared invalid or unconstitutional. (4045-3/15) RESOLUTION NO 2016-01 A RESOLUTION 017 THE CITY COUNCIL, OF TLIE- CITY OF HUNTINGTON BEACH REVISING AND RESTATING RESOLUTION NO 2015-04 RELATED TO IMPLEMENTING CHARTER SECTION 805 AND MUNICIPAL CODE CI IAPTER 5 90 REGARDING SAFE: AND SANE FIREWORKS WHEREAS, the voters of the City of Huntington Beach approved an amendment to the Huntington Beach Charter adding Section 805 permitting the sale and discharge of Safe and Sane Fireworks subject to City Council regulations, and The Council finds that orderly distribution and sale of Safe and Sane Fireworks will be accomplished by setting forth rules and procedures via resolution, NOW. THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows. SECTION 1, The City Managei is hereby authorized to implement this resolution, Huntington Beach Municipal Code (I-1BMC) Chapter 5.90 and Charter Section 805. SL•CTION 2 No Permit, as defined by the TIBMC, shall be issued to any Qualified Organization that does not satisfy the requirements provided in this Resolution or HBMC Chapter 5.90. A. The maxinunm number of Permits that may be issued shall be fifteen Permits during any one calendar Year as follows a maximum of five Permits shall be issued to Qualified Organizations in each of the three categories provided below, to which an applicant may apply fot only one of the categories Youth Sports- Youth sports organizations operating within the City whose main purpose is to benefit a valid youth sports activity Examples include bill are not limited to little league, "AYSO" soccer, youth football, basketball, tennis, or golf This category clues not include individual club or travel sports teams, or high school extiacunicular activities/spoils High School- I ligh schools operating within the City that agree to use the proceeds for the benefit of valid student extracurricular activities/sports shall be allowed to submit one application. Civic Organizations - Civic organizations operating within the City whose sole purpose is for civic betterment, or chat itable or religious purposes to and for the citizens of Huntington Beach, shall be allowed to submit one application This category does not include high school extiacurncular activities or youth or adult sports organizations 15-1916/128089 docx I Resolution No . 2016-01 B Applications may be filed with the City Clerk beginning March I", continuing up to 5 00 p m on the last business day in March of the same year, at which time the filing period for that year will be closed C The City Clerk shall conduct a lottery to choose fifteen qualified Perinittees that may sell fireworks in the City pursuant to HBMC Chapter 5.90. The lottery will be conducted during a City Council meeting with the City Clerk using some means of random selection. D In addition to the requirements of 1-IBiMC Chapter 5.90. Qualified Applicants must be organized primarily for veterans, patriotic, welfare, civic betteiment, religious, athletic, educational, youth development or charitable purposes; must have their pi incipal and permanent meeting place within the City; and provide direct and regular community services and benefits to the residents of the City F If more than one application is submitted on behalf of any nonprofit organization or affiliated organization. the City may disregard one 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. F. On a form provided by the City, Qualified Organizations shall provide• the proposed location of the fireworks stand; the name, address and 24-hour telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored at such location, and written permission from the owner of record and/or lessor and/or management company of the property upon which said fireworks stand is proposed to be located, the proof of the applicant's status as a qualified organization; date when the applicant was organized and established, the names and addresses of the officers, if any, of the applicant, the name, address, and California State Fire Maishal's license number of any wholesaler or distributor front whom the Qualified Applicant or retailer proposes to purchase for resale, the applicant's State Board of Equalization sales tax peunrt number, the manner. method and times regarding how the applicant proposes to sell Safe and Sane Fiieworks, a copy of the requisite retail sales permit issued by the Office of the Cahfomia State Fire Marshal, and evidence of a temporary sales tax per mri from the California State Board of Equalization SECTION 3 Permittees shall provide evidence of insurance evidencing the following minimum coverage and limits Insurance shall be provided by an Insurer authorized to do business in California with a current A M Best's rating of no less than an A- VI A General Liability Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one mullion dollars (S1,000,00000) per occurrence, two million dollars ($2,000,000.00) general aggregate. for bodily injury, personal injury, and property damage without limitation, blanket contractual Inability Geneial liability policies shall provide or be endorsed using Insurance Services Office forms CG 20 26 or equivalent, to provide that City and its 15.4916/128089 docx 2 Resolution No . 2016-01 officers, elected or appointed officials, employees, agents and volunteers shall be additional insureds under such policies There shall be no exclusions, Included in or added to the policy, for Grewoi ks sales or smular activities allowable under (]its permit B The insurance coverage provided and limits required hereunder are minimum requirements and are not intended to limit Perniatee's indemnification obligations under Section 4 below, nor do the indenmily obligations limit the i ights of the insured parties to the coverage afforded by thew insured status Requirements of specific coverage features or limits contained in this Section 3 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by insurance Specific teference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type C Any deductibles, self-insured retentions or similar forms of coverage limitations or modifications must be declared to and approved by the City D Permittee shall include all sub-Peunrttees or subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements to each sub-Permittee. E. Permittee shall provide to City, certificates of insurance and endorsements, as required, as evidence of the insurance coverage required hetem. SECTION 4 Permittees agree, as a condition of ieceiving a Permit, to piolect, defend. indemnify, and hold harmless, the City, the City Council, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all third party claims, damages, losses, expenses,judgments, demands and defense costs, however caused, iesulting from death or injury to Permittee employees, volunteers, customers, and/or any thud party, and/or damage to Permittee propeity, arising directly or indirectly out of the obligations or operations undertaken by Pennittee by virtue of the Permtt issuance, caused in whole or in part by any act or omission of the Permittee, any subcontractors, anyone directly or inditectly employed or volunteers or anyone for whose acts any of them may be liable, including but not limited to, concurrent active negligence, except where caused by the sole active negligence, or willful misconduct of the City. In the event of an injury, claim, lawsuit, or any other dispute, the Permittee will conduct all legal defenses to those injuries, claims, lawsuits, or any othei disputes, including the defense of the City if applicable, at its sole cost and expense, and at no cost of expense to the City The City shall approve selection of Pemmittee's counsel This defense and indemnity obligation shall apply to all claims and liability regardless of whethet any defenses and insurance policies are applicable Tlme policy limits do not act as a limitation upon the amount of indemnification to be provided by Permittee 15-49161128099 doex 3 Resolution No . 2016-01 SECTION 5 Each Fireworks Wholesaler shall provide the City with a listing of reported profit from each of its Fireworks Stands located in the City SECTION 6. City Council Resolution No 2015-04, and all other resolutions in conflict herewith, are hereby tepcaled PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of January , 2016 Of REVIE EllVPPROVED- APPROVED AS TO FORM. City a r City Attorney p e INl" D AN 'PROVED Assistant City Manager 15-4916/128089 docx 4 Huntington Beach Safe and Sane l Fireworks Information - 2021 l Get ready to celebrate the Fourth of July' It is legal to use safe and sane fireworks in the City of Huntington Beach on the 4, of July from Noon to 10 p m (see Huntington Beach Municipal Code for requirements on places of discharge) With the passage of Measure T, the City Council wrote regulations to help non-profit organizations raise money and for all residents to have a safe 4'­of July Non- profit organizations may apply for the opportunity to operate one of 15 allowed fireworks stands to raise funds for their charitable cause Application Process • A maximum of 15 permits allowing the sale of safe and sane fireworks within the City will be issued each year to non-profit organizations using a lottery system within the following categories Youth Sports (5) Youth sports organizations operating within the City whose main purpose is to benefit a valid youth sports activity Examples include but are not limited to idne league. -AYSO-soccer youth football basketball. tennis or god This category does not include individual club or travel sports teams or high school extracurricular activaiesisports ., High School (5) High schools operating within the City that agree 10 use the proceeds for the benefit of valid student extracurricular activities/sports shall be allowed to submit one application i Each of the four Huntington Beach public high schools shall upon submittal of an application be awarded one Permit Each public high school that receives a Permit will hold its own lottery between its student clubs and organizations and dedicate the stand to not more than two groups Private Huntington Beach high schools may each enter one application and a lottery drawing will be held among the private high school Applicants for a fifth high school Perind If no private high school submits an application then the four public high schools will be entered into a lottery for the fifth high school Permit Civic Organizations (5) Civic organizations operating within the Crty.whose sole purpose is for civic betterment or chamable or religious purposes to and for the citizens of Huntington Beach.shall be allowed to submit one application This category does not include high school extracurricular activities or youth or adult sports organizations • To participate, non-profit groups must complete an application and be deemed qualified • Completed 2021 applications must be returned to the City Clerks office between Monday. March 1 and Wednesday. March 31 by 5.00 pm. • E-mailed applications will be accepted • Applications are not given priority based on date of submittal • The City Clerk shall conduct a lottery at the second City Council meeting in Apnl (Monday.April 19) • Applicants must (in addition to other requirements on the application) Be a registered non-profit organization (Tax ID Number) Have a principal and permanent meeting place within the City Provide direct and regular community services and benefits to residents of the City • One application per organization Applications for qualified organizations are available on the City Website at http./Avww huntinatonbeachca.oov/fireworks/ If you have any questions or need additional information. please call the City Clerk's Office at 714 536-5227. Applications are due to the City Clerk's office by Wednesday. March 31 at 5.00 p in Reaulations Key elements of the regulations include • Safe and Sane Firework sales allowed on July 1 2. and 3 from Noon- 10 to m and on July 4 from 10 a m -9 p m • Discharge of Safe and Sane Fireworks is only allowed on July 4 from Noon- 10 p m • Fireworks MAY NOT be discharged On any beach wetlands or public parks All areas on the ocean side of Pacific Coast Highway (e g Sunset Beach) Within 10 ft of any residence, dwelling or other structure or oil wells Public Property, including public streets, highways and other publicly owned property, buildings or facilities (except residential sidewalks, alleys, and streets) Properties located in commercial and industrial/manufacturing districts Within 300 ft of a fireworks stand or within 100 ft of a gas station/flammable liquids See ordinance and resolution for additional regulations • Improper discharge of Safe and Sane fireworks or discharge of illegal fireworks is subject to a $500 citation • Residents may discharge fireworks on their residential street however, to help keep Huntington Beach clean, please properly dispose of spent fireworks properly' Do not leave them in the streets Have a Safe 4lh of July! APPLICATION PACKET FOR DISTRIBUTION TO HIGH SCHOOL STUDENT EXTRACURRICULAR ACTIVITIES/SPORTS/BOOSTER GROUPS ' City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 _ (714) 536-5227 ♦ www.huntingtonbeachca.gov ` Office of the City Clerk Robin Hstanislau, City Clerk February 25, 2021 Re: High School Student Activity/Sports Groups Safe and Sane Fireworks Stand Application Process -2021 Hello! The application process to operate a fireworks stand in the City of Huntington Beach in 2021 will open on Monday, March 1, and will remain active until Wednesday, March 31. Here is a sample of information related to the High School category: A maximum of 15 permits allowing the sale of safe and sane fireworks within the City will be issued each year to non-profit organizations using a lottery system within the following categories: • High School (5) Five High schools operating within the City that agree to use the proceeds for the benefit of valid student extracurricular activities/sports shall be allowed to submit one application. Each of the four Huntington Beach public high schools shall, upon submittal of an application, be awarded one permit. Each public high school that receives a permit will hold its own lottery between its student clubs and organizations, and dedicate the stand to not more than two groups. Private Huntington Beach high schools may enter one application, and a lottery drawing will be held among the private high school applicants for a fifth high school permit. If no private high schools submit an application, then the fifth permit will be awarded by lottery to one of the four public high schools. If your group is interested in participating in a fireworks stand lottery through your high school, complete the attached application and contact the appropriate school representative for information on collection of applications, and when and where your school will conduct their own fireworks stand lottery. Contact information for four public and two private high schools is provided on the attached application,and can also be found on the City's webpage devoted to fireworks at http://www huntingtonbeachca.gov/fireworks/. Youth Sports and Civic Organization categories will participate in a lottery drawing scheduled to take place during the April 19, 2021, Huntington Beach City Council meeting beginning at 6:00 PM, location to be determined. High school winners, as reported by each school will be announced that evening too. If you have any questions, please feel free to contact me by phone or email. Sincerely, ry� im.. � Try Rolbin Estanislau, CMC City Clerk Aft. High School Student Activity/Sports Groups Application Sister City Anlo Japan CITY OF HUNTINGTON BEACH 2000 Main Street Phone t714) 536-5227 California 92648 www huntingtonbeachca.gov HIGH SCHOOL GROUP Category Student Related Sports/Extra Curricular Activities (including Booster Clubs) APPLICATION TO SELL SAFE AND SANE FIREWORKS 2021 - PART A 1. INSTRUCTIONS - PART A Applicants shall complete "Part A" of this form in order to determine eligibility. • Annual application filing period begins on March 1 and ends on the last business day of March • Completed, 2021 applications must be returned to your High School Representative • Contact your High School Representative for information on where to turn in your application, and when and where your school plans to hold a lottery to determine what student activity/sports groups will be awarded the opportunity to sell safe and sane fireworks • A maximum of 5 permits will be issued to Huntington Beach High Schools • Applications are not given priority based on date of submittal Please refer to City of Huntington Beach Municipal Code Chapter 5 90 and Resolution No 2016-01 for additional and specific requirements For more information, contact your High School Fireworks Stand Representative: Edison High School (714) 962-1356 Huntington Beach High School (714) 536-2514 Marina High School: (714) 893-6571 Ocean View High School: (714) 848-0656 Brethren Christian (Private): (714) 962-6617 Liberty Christian (Private): (714) 842-5992 City of Huntington Beach Part A: High School Group Temporary Fireworks Stand Sales Application, 2021 Student Related Sports/Extra Curricular Activities (Contact your High School for return deadline) 1. Name and address of Qualified Organization: 2. Does your Qualified Organization meet the criteria in categories (a-e) below? O Yes O No a) The organization meets the definition of a Qualified Organization, which is defined in Huntington Beach Municipal Code Chapter 5.90 as any non-profit including, but not limited to, 501(c)(3) or other charity as defined by Federal or State law, or a student group which is an integral part of a high school located within the boundaries of the City. b) The organization is organized primarily for athletic, educational, youth development, or charitable purposes. c) The organization has its principle and permanent meeting place within the City of Huntington Beach. d) The organization is one which provides direct and regular community services and benefits to the students of a City of Huntington Beach High School. e) The organization has not been administratively or criminally guilty of violating any local, State or Federal law or had a Permit revoked within 24 calendar months prior to the organization's submittal of a Permit Application. 3. Location of Qualified Organization's principle and permanent meeting location: 4. Indicate when the Qualified Organization was established: City of Huntington Beach Part A: High School Group Temporary Fireworks Stand Sales Application, 2021 Student Related Sports/Extra Curricular Activities (Contact your High School for return deadline) 5. Names and addresses of the officers of the Qualified Organization, if any: 6. If approved to be issued a Temporary Fireworks Stand Permit, prior to issuance of said Permit, will your Qualified Organization provide the City with a certificate evidencing policies of insurance, as required by City Council Resolution 2016-01 (attached). Yes O No 7. Provide a written statement describing the benefits the Qualified Organization provides to the students: 3 City of Huntington Beach Part A: High School Group Temporary Fireworks Stand Sales Application, 2021 Student Related Sports/Extra Curricular Activities (Contact your High School for return deadline) 8. Applicant Category High School Student Related Sports/Extra Curricular Activities Organizations — High Schools operating within the City which agree to use the proceeds for the benefit of valid student extracurricular activities/sports shall be allowed to submit one application. All student extracurricular activities/sports/booster groups should submit their applications directly to their high school which will hold their own lottery for not more than two groups to share a stand. Applying Huntington Beach public high schools will each receive one stand, and applying Huntington Beach private high schools will be placed in a lottery for the one remaining stand. The undersigned hereby applies for a permit to sell "Safe and Sane Fireworks" as a retailer pursuant to all rules and regulations adopted by the California State Fire Marshal, all other applicable code standards, and to the Safe and Sane Fireworks Ordinance and Resolution established by the City of Huntington Beach. Name and title of authorized officer or director of Qualified Organization: (Print name and title) Signature: Date: Certificate of applicant: I declare, under penalty of perjury under the laws of the state of California, that I am a duly appointed agent of the entity submitting this application and have been authorized to submit this application on its behalf. I further declare, under penalty of perjury, that the information provided in this application is true and correct. I understand the issuance of this permit shall not be deemed or construed to be a permit to conduct an illegal act or unlawful business prohibited by law or requiring other approvals which have not yet been obtained. I further understand that any false statements may result in the denial of the requested permit or revocation of any issued permit. Applicant's Printed Name: Applicant's Signature: Phone: Date: Email: 4 Chapter 5.90 FIREWORKS 5.90.010 Definitions The following %%orn6 and phrases,as used in this Chapter, are defined as follows: "City Clerk" means the City Clerk or his or her designee. "City Manager" means the City Manager or his or her designee. "Dangerous Fireworks"means "Dangerous Fireworks"as defined in Health and Safety Code Sections 12505 and 12561 and the relevant Sections of Title 19,Code of Regulations, Division 1, Chapter 6 as may be amended. "Fireworks Stand"means any building,counter, or other structure of a temporary nature used in the sale,offering for sale or display for sale of Safe and Sane Fireworks. "Fireworks Wholesaler"means any person,other than an importer, exporter or manufacturer selling directly to wholesalers, who sells fireworks to a retailer or any other person for resale. "Permit" means a certificate issued by the City Manager that allows a Qualified Organization chosen by way of a lottery to sell Safe and Sane Fireworks for the dates and times listed on the Permit. Issuance of a Permit does not confer to Permittee ANY PROPERTY RIGHT and the City may at its sole discretion, without notice or opportunity for hearing, revoke the Permit. "Permit Application"means a form provided by the City used to determine eligibility to participate in the Safe and Sane Fireworks lottery. "Permittee"means a Qualified Organization that has received a Permit to sell Safe and Sane Fireworks. "Public Display of Fireworks"means any event where the public is admitted or allowed to view the display or discharge of Safe and Sane Fireworks including private, theatrical or civic performances. "Qualified Organization"means any nonprofit including but not limited to 501(c)(3)or other charity as defined by Federal or State law, or a group which is an integral part of or recognized by a nonprofit or charity and in existence for at least one year prior to submitting a Permit Application or an elementary,junior high and/or high school and/or school district and recognized affiliates that serves, in whole or in part,the residents of the City or public and/or private community college, college and/or university which is located within the boundaries of the City. An organization either administratively or criminally guilty of violating any local, State or Federal law or that had a Permit revoked within 24 calendar months prior to the organization's submittal of a Permit Application shall not be a Qualified Organization. "Safe and Sane Fireworks" means Safe and Sane Fireworks as defined in I lealth and Safety Code Sections 12529 and 12562 and Title 19,Code of Regulations, Division 1,Chapter 6 as may be amended. (4045-3/15) 5.90.020 Administrative Regulations Unless specifically provided for in the Huntington Beach Charter or Municipal Code,the City Manager may adopt reasonable administrative regulations to further define processes and administration of this Chapter. (4045-3/15) 5 90.030 General Prohibition of Possession, Sale or Use of Fireworks Except as provided in this Chapter, no person shall possess, sell, use, display, or discharge any fireworks, including, but not limited to,any Dangerous Fireworks,altered Safe and Sane Fireworks,or other combustible device or explosive substance or any kind of fireworks by another name.(4045-3/15) 5.90.040 Safe and Sane Fireworks It shall be unlawful to possess, sell,display or discharge within the City those fireworks that are defined and classified as Safe and Sane Fireworks except as provided in this Chapter.(4045-3/15) 5,90,050 Exception—Public Displays and Theatrical Performances Notwithstanding any other provisions of this Chapter,the Fire Chief or his or her designee may at his or her sole discretion grant permits for public displays or theatrical performances of fireworks. (4045-3/15) 5.90.060 Safe and Sane Fireworks Sales—Permits Required It shall be unlawful to sell Safe and Sane Fireworks within the City without having first applied for and received a Permit.(4045-3/15) 5,90,070 Sale of Safe and Sane Fireworks—Application Process Each year, the City Manager may issue Permits for the sale of Sale and Sane Fireworks to Qualified Organizations by means of a lottery system.The number of Permits considered for the lottery shall be determined by City Council by Resolution. If a question arises as to whether a nonprofit,charity or group is a Qualified Organization as defined in this Chapter,the City Council Liaisons to the 4th of July Board will make the determination at their sole discretion. Prior to the lottery,any Qualified Organization that wishes to participate in selling Safe and Sane Fireworks must complete a Permit Application and return it to the City Clerk prior to the dates and times described by Resolution.No Qualified Organization shall be permitted more than one location to sell Safe and Sane Fireworks. If more than one Permit Application is submitted,the City may disregard one, or all, of the Permit Applications at its sole discretion. Each of the four Huntington Beach public high schools shall, upon submittal of an application, be awarded one Permit. Private Huntington Beach high schools may each enter one application and a lottery drawing will be held among the private high school Applicants for a fifth high school Permit. Each high school which receives a Permit will hold its own lottery between its student clubs and organizations and dedicate the stand to not more than two groups. If no private high school submits an application,then the four public high schools will be entered into a lottery for the fifth high school Permit. In addition to information required in the Permit Application,the Qualified Organization shall provide the following: A. A written and signed statement,that the Qualified Organization, prior to receipt of a Permit, will provide the City a certificate evidencing policies of insurance as required by the City pursuant to its administrative regulations. B. Proof that the Qualified Organization meets the requirements of this Chapter. C. The Permit Application shall be signed by an authorized officer or director of the Qualified Organization who shall attest to the veracity of all statements in the Permit Application. D. At least one or more representatives of a Permittee shall attend a Fireworks Stand safety seminar approved by the City. The failure of a Permittee to attend the safety seminar may result in the revocation of its Permit to sell Safe and Sane Fireworks. The final Permit Applications with supporting documentation shall be filed with the City Clerk as set forth by Resolution. In the event the Qualified Organization is unable to provide the information required on the Permit Application and any supplemental information required by the City Cleric, prior to submittal deadline, the Qualified Organization will not be permitted to participate in the lottery. The City Clerk may request information clarifying or explaining the Qualified Organization's Permit Application.(4045-3/15. 4077-3/16) 5.90.080 Safe and Sane Fireworks—Operation of Fireworks Stand A. No person shall knowingly sell fireworks to any person under the age of 18 years old. B. It shall be illegal to sell fireworks except between noon and 10:00 p.m. on July I st, 2nd and 3rd and between 10:00 a.m. and 9:00 p.m. on July 4th. C. No person under the age of 18 years old shall sell or participate in the sale of Safe and Sane Fireworks. D. No person shall be paid any consideration by the Permittee or any Fireworks Wholesaler of Safe and Sane Fireworks for selling or otherwise participating in the sale of Safe and Sane Fireworks. This shall not apply to licensed security personnel during sale or non-sale hours and to the party authorizing the location of the Fireworks Stand on its property. The Fire Chief or his or her designee may revoke the fireworks storage permit and/or local business permit of any Fireworks Wholesaler violating the terms of this section. E. Safe and Sane Fireworks must remain at the location listed on the Permit unless written approval to relocate is obtained from the Fire Chief or designee. Unsold Safe and Sane Fireworks may be transported back to the Fireworks Wholesaler, outside of the City, in compliance with Department of Transportation regulations for transporting fireworks after 9:00 p.m.on July 4th.(4045-3/15. 4077-3/16) 5.90.090 Safe and Sane Fireworks—Permits Permittees shall apply for and obtain all City permits including but not limited to temporary event, electrical,and fire permits.(4045-3/15) 5.90.100 Safe and Sane Fireworks—Temporary Fireworks Stand A. Retail sales of Safe and Sane Fireworks are only permitted in Fireworks Stands. retail sales from any other building or structure is prohibited. Fireworks Stands must comply with NFPA 1124 Code for the Manufacture, Transportation. Storage, and Retail Sales of Fireworks and Pyrotechnic Articles,current edition of the California Fire Code,the California Code of Regulations,Title 19, Division I,Chapter 10. B. The Fire Chief or his or her designee may create additional rules and regulations for the operation of Fireworks Stands. A copy of any such rules and regulations shall be posted in a prominent place in each Fireworks Stand. Failure to comply with the rules and regulations shall be grounds for the immediate revocation of any Permit granted under this Chapter.(4045-3/15) 5.90.110 Safe and Sane Fireworks—Revocation of Pali the I-ire Chief or his or her designee may revoke, immediately and without notice or hearing,the Permit of any Permittee who violates Federal, State or City laws. Any Permittee whose Permit has been revoked shall be ineligible to participate in the lottery for two years from the date of revocation. (4045-3/15) 5 90 120 Safe and Sane Fireworks—Limitation on Places and Hours of Discharge A. It shall be unlawful for any person to ignite,discharge, projector otherwise use any Safe and Sane Fireworks,or allow the ignition, discharge or projection thereof on any beach, wetland, public park or any area on the ocean side of Pacific Coast Highway. B. Subject to the exception noted above, it shall be unlawful for any person to ignite,discharge, project or otherwise use any Safe and Sane Fireworks, or allow the ignition,discharge or projection thereof, except on July 4th of each year between the hours of noon and 10:00 p.m. C. It shall be unlawful for any person to ignite,discharge, project or otherwise use any Safe and Sane Fireworks,or allow the ignition,discharge or projection thereof, upon or over or onto the property of another without his or her consent or to ignite,discharge, project or otherwise use any Safe and Sane Fireworks within 10 feet of any residence, dwelling or other structure,or oil well. D. It is unlawful for any person, firm or corporation to ignite,discharge, permit or otherwise use any fireworks, including Safe and Sane Fireworks, within the following areas of the City: I. Any public property, including, but not limited to public streets, highways, sidewalks, alleys,parks or other publicly owned property, buildings or facilities;except for residential sidewalks,alleys and streets; 2. Any property within a commercial district of the City as defined by the Huntington Beach Zoning and Subdivision Code,except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this Chapter; 3. Any property within an industrial/manufacturing district of the City as defined by the Huntington Beach Zoning and Subdivision Code, except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this section. E. Fireworks shall not be ignited,discharged, projected or otherwise used within 300 feet of a Fireworks Stand. F. It is unlawful for any person to store,sell or discharge any type of fireworks in or within 100 feet of a location where gasoline or any other Flammable liquid is stored or dispensed.(4045-3/15) 5.90.130 Seizure of Fireworks the Fire Chiel or his or her designee may seize, take, remove or cause to be removed, at the expense of the Permittee, Fireworks Wholesaler,or any person, whichever is applicable, all stock of fireworks offered or exposed for sale, stored or held in violation of this Chapter. (4045-3/15) 5.90.140 Fireworks Wholesaler Public Education Plan Each Fireworks Wholesaler who is supplying a Permittee Safe and Sane Fireworks shall annually submit a public education plan to the Fire Department no later than 5:00 p.m. on June I st of each year.The components of the public education plan shall be determined by the Fire Chief or his or her designee each year. (4045-3/15) 5.90.150 Miscellaneous V i his Chapter is not the exclusive regulation for fireworks within the City of Huntington Beach and does not supersede existing Federal, State or City statutes, regulations and ordinances. B. If any section, subsection, sentence,clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this Chapter and each section, subsection, sentence,clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,clauses or phrases be declared invalid or unconstitutional. (4045-3/I5) RESOLUTION NO 2016-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF I IUNTINGTON BEACH REVISING AND RESTATING RESOLUTION NO 2015-04 RELATED TO IMPLEMENTING CHARTER SECTION 805 AND MUNICIPAL CODF, C1IAPTER 5 90 REGARDING SAFE AND SANG FIREWORKS WHEREAS, the voters of the City of Huntington Beach approved an amendment to the Huntington Beach Charter adding Section 805 permitting the sale and discharge of Safe and Sane Fireworks subject to City Council regulations. and The Council finds that orderly distribution and sale of Safe and Sane Fireworks will be accomplished by setting forth rules and procedures via resolution, NOW, THEREFORE. the City Council of the City of Huntington Beach does hereby resolve as follows, SECTION 1. The City Managei is hereby authotized to implement this resolution, Huntington Beach Municipal Code (HBMC) Chapter 5.90 and Charter Section 805. SECTION 2 No permit, as defined by the I-IBMC, shall be issued to any Qualified Organization that does not satisfy the tequirements provided in this Resolution or HBMC Chapter 5.90. A. The maximwn number of Permits that may be issued shall be fifteen Permits dining any one calendar veto as follows a maximum of five Permits shall be issued to Qualified Organizations in each of the three categor ies provided below, to which an applicant may apply for only one of the categories- Youth Spurts — Youth sports organizations operating within the City whose main purpose is to benefit a valid youth sports activity Examples include but are not limited to little league. "AYSO" soccer. youth football, basketball, tennis, or golf This category does not include individual club or travel sports teams, or high school exhacurtiUdar activities/sports High School— High schools operating within the Cry that agree to use the proceeds for the benefit of valid student extracurricular activities/sports shall be allowed to submit one application. Civic Organizations —Civic organizations operating within the City whose sole purpose is for civic betterment, or charitable or religious purposes to and for the citizens of Huntington Beach, shall be allowed to submit one application This category does not include high school extracurricular activities or youth or adult sports organizations 15-4916/128089 docx l Resolution No . 2016-01 B Applications may be filed witfit lie City Clerk beginning Match I", con nruling up to 5 00 p m on the last business day in March of the same year, at which time the tiling period for that year will be closed C The City Clerk shall conduct a lottery to choose fifteen qualified Perinittees that may sell fireworks in the City pursuant to HBMC Chapter 5.90. The lottery will be conducted during a City Council meeting with the City Clerk using some means of random selection. D In addition to the requirements of -IBMC Chapter 5.90, Qualified Applicants must be oiganized prima ily for veteians, patriotic, welfaic, civic betteiment, religious, athletic, educational, youth development or charitable purposes; must have their principal and permanent meeting place within the City; and provide duect and regular community services and benefits to the iesidents of the City F If mole than one application is submitted on behalf of any nonprofit of ganization or affiliated organization, the City may disregard one or all of the applications at its sole discretion Any attempt to tiansfer an application shall void that application and may preclude an applicant fiom participating in the lottery in future years. F. On a form provided by the City, Qualified Organizations shall provide- the proposed location of the fireworks stand: the name, address and 24-hour telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored at such location, and written permission from the owner of'record and/or lessor and/oi management company of the property upon which said fireworks stand is proposed to be located, the proof of the applicant's status as a qualified organization, date when the applicant was organized and established, the names and addresses of the officers, if any, of the applicant, the name, address, and California State Fire Maishal's license number of any wholesaler or distributor from whom the Qualified Applicant or tetailer proposes to purchase for resale, the applicant's State Board of Equalization sales tax per nut number, the manner, method and times regarding how the applicant proposes to sell Safe and Sane Fireworks, a copy of the requisite ietail sales permit issued by the Office ofthe California State Fire Marshal, and evidence of a temporary sales tax pei nut from the California State Board of Equalization SECTION 3 Permittees shall provide evidence of insurance evidencing the following minimum coverage and limits Insurance shall be provided by an insurer authorized to do business in California with a current A M Best's rating of no less than an A- VI A Gencial Liability Commeicial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($L000,00000) per occurrence, two million dollars ($2,000,000.00) general aggregate, for bodily injury, personal igjurv, and property damage without limitation, blanket contractual liability General liability policies shall provide or be endorsed using Insurance Scivices Office forms CG 20 26 or equivalent, to provide that City and its I5-4916/128089 docx 2 Resolution No . 2016-01 officers, elected or appointed officials, employees, agents and volunteets shall be additional insureds under such policies There shall be no exclusions, Included in or added to the policy. for fireworks sales or similar activities allowable under this permit B The insurance coverage provided and limits required hereunder are muumum requirements and are not intended to limit Pernuttee's indemnification obligations under Section 4 below, nor do the indemnity obligations limit the tights of the insured parties to the coverage afforded by their insured status Requirements of specific coverage features or limits contained In this Section 3 are not intended as a limitation on coverage, litmus or other requirements, or a waiver of any coverage normally provided by insurance Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or Insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type C Any deductibles, self-tnsured retentions or similar forms of coverage limitations or modifications rouse be declared to and approved by the City D Permittee shall include all sub-Pei nittees or subcontractors, If any, as Insureds under its policies or shall furnish separate certificates and endorsements to each sub-Permittee. E. Permittee shall provide to City, certificates of insurance and endorsements, as required. as evidence of the insurance coverage required herein. SECTION 4 Per iiltees agree, as a condition of receiving a Peimit, to protect, defend. Indemnify, and hold harmless, the City, the City Council, its officers, elected or appointed officials, employees, agents, and volunteeis fiom and against any and all third party claims, damages, losses, expenses,judgments, demands and defense costs, however caused, tesulhng from death or injury to Peimittee employees. volunteets, customers. and/or any thud party, and/or damage to Permittee property, arising directly or indirectly out of the obligations or operations undertaken by Permittee by virtue of the Permit issuance, caused in whole or in part by any act or omission of the Permittee, any subcontractors, anyone directly or indirectly employed or volunteers or anyone for whose acts any of them may be hable, including but not limited to, concurrent active negligence, except where caused by the sole active negligence, or willful misconduct of the City. In the event of an injury, claim, lawsuit, or any other dispute, the Peinuttee will conduct all legal defenses to those injuries. claims. lawsuits, or any other disputes, including the defense of the City if applicable, at its sole cost and expense, and at no cost of expense to the City The City shall approve selection of Pennittee's counsel This defense and indemnity obligation shall apply to all claims and liability regardless of whether any defenses and insurance policies are applicable Time policy limits do not act as .t limitation upon the amount of indemnification to be provided by Permittee 15-4916/128089 docx 3 Resolution No . 2016-01 SECTION 5 Each Fireworks Wholesaler shall provide the City with a listing of reported profit from each of its Fireworks Stands located in the City SECTION 6. City Council Resolution No 2015-04, and all other resolutions in conflict herewith, are hereby repealed PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held onthe 19th (lay of January 2016 REVIE EDUPPROVED- APPROVED AS TO FORM. Cityx4EIA56kr City Attorney 2 1 t(7�ZoS TI —D AN 'PROVED Assistant City Managei 15-4916/128089 docx 4 Huntington Beach Safe and Sane Fireworks Information - 2021 Get ready to celebrate the Fourth of July' It is legal to use safe and sane fireworks in the City of Huntington Beach on the 4 of July from Noon to 10 p m (see Huntington Beach Municipal Code for requirements on places of discharge). With the passage of Measure T, the City Council wrote regulations to help non-profit organizations raise money and for all residents to have a safe 4"of July Non- profit organizations may apply for the opportunity to operate one of 15 allowed fireworks stands to raise funds for their charitable cause Application Process • A maximum of 15 permits allowing the sale of safe and sane fireworks within the City will be Issued each year to non-profit organizations using a lottery system within the following categones Youth Sports (5) Youth sports organizations operating within the City whose main purpose is to benefit a valid youth sports activity Examples include but are not limited to little league. -AYSO-soccer youth football basketball tennis. or golf This category does not include individual club or travel sports teams or high school extracurricular activities/sports High School (5) . High schools operating within the City that agree to use the proceeds for the benefit of valid student extracurricular activities/sports shall be allowed to submit one application Each of the four Huntington Beach public high schools shall upon submittal of an application, be awarded one Permit Each public high school that receives a Permit will hold its own lottery between its student clubs and Organizations and dedicate the stand to not more than two groups Private Huntington Beach high schools may each enter one application and a lottery drawing will be held among the private high school Applicants for a fAth high school Permit If no private high school submits an application then the four public high schools will be entered into a lottery for the fifth high school Permit Civic Organizations (5) Civic organizations operating within the City whose sole purpose is for civic betterment or charitable or religious purposes to and for the citizens of Huntington Beach Shall be allowed to submit one application This category does not include high School extracurricular activities or youth or adult sports organizations • To participate non-profit groups must complete an application and be deemed qualified • Completed 2021 applications must be returned to the City Clerks office between Monday, March 1, and Wednesday, March 31 by500pm • E-mailed applications will be accepted • Applications are not given priority based on date of submittal • The City Clerk shall conduct a lottery at the second City Council meeting in April (Monday. April 19) • Applicants must (in addition to other requirements on the application) Be a registered non-profit organization (Tax ID Number) Have a pnncipal and permanent meeting place within the City Provide direct and regular community services and benefits to residents of the City • One application per organization Applications for qualified organizations are available on the City Website at hnp uwww hunhnglonbeachca gov/fireworks/. If you have any questions or need additional information, please call the City Clerks Office at 714 536-5227 Applications are due to the City Clerk's office by Wednesday. March 31 at 5.00 pm Regulations Key elements of the regulations include • Safe and Sane Firework sales allowed on July 1. 2, and 3 from Noon - 10 p m. and on July 4 from 10 a.m. -9 p m • Discharge of Safe and Sane Fireworks is only allowed on July 4 from Noon - 10 p m. • Fireworks MAY NOT be discharged - On any beach, wetlands, or public parks All areas on the ocean side of Pacific Coast Highway(eg Sunset Beach) Within 10 it of any residence, dwelling or other structure or oil wells Public Property. including public streets. highways and other publicly owned property, buildings or facilities (except residential sidewalks, alleys, and streets) Properties located in commercial and industrial/manufacturing districts Within 300 it of a fireworks stand or within 100 ft of a gas station/flammable liquids See ordinance and resolution for additional regulations • Improper discharge of Safe and Sane fireworks or discharge of illegal fireworks is subject to a S500 citation • Residents may discharge fireworks on their residential street. however, to help keep Huntington Beach dean. please properly dispose of spent fireworks properly' Do not leave them in the streets. Have a Safe 4th of July!