June 12, 2008

Lakewood Fireworks Law

Reprinted below are all of Lakewood's current (June 2008) fireworks rules. We will try to update these as we hear about changes. Before citing these rules or relying upon them please check here for updates.

LAKEWOOD MUNICIPAL CODE Section 3100
ARTICLE III
PUBLIC SAFETY
CHAPTER 1
FIRE PREVENTION

3104. FIRE PREVENTION STANDARDS, RULES AND REGULATIONS.
The fire prevention standards and rules,
regulations and laws providing fire safety standards are hereby declared to be those ordinances, chapters, sections and parts
now a part of the Fire Prevention Code of the County of Los Angeles, Ordinance No. 2947 and amendments thereto, or
hereafter added to said Code by amendments or otherwise, where not in conflict with any City Ordinance on the same
subject, and said Fire Prevention Code and all amendments thereto now in existence or hereafter adopted is hereby adopted
by reference and made a part hereof and incorporated herein as though set forth in full herein.

3105. FIREWORKS.
This Section shall govern the sale, offer for sale, possession of, the use, discharge of, firing or
possession of fireworks and it shall be unlawful for any person to sell, offer for sale, have in his possession, fire, set off,
discharge or use, or cause or permit to be sold, offered for sale, have in his possession, fire, set off, discharge or use any
fireworks unless classified as "safe and sane" by the State Fire Marshal and unless in addition all terms and provisions of
the State Fireworks Law contained in Part 2 of Division 11 of the Health and Safety Code of the State of California are
complied with. Nothing herein contained shall prohibit the public display of fireworks as authorized by Section 3106 of
this Code subject to the terms and provisions of the State Fireworks Law.
A.
Notwithstanding the provisions of this Code or the Fire Prevention Code to the contrary, "safe and sane
fireworks," as herein before defined, may be sold within the City of Lakewood between the hours of 8:00 a.m. and
10:00 p.m. on July 1st, July 2nd, July 3rd and July 4th of each year provided a permit has been obtained to do so and
the terms and provisions of this Chapter and the Lakewood Municipal Code are complied with at all times.
(Added by Ord. 445, Amended by Ord. 2002-2)
B.
It shall be unlawful for any person to fire, set off, discharge or use, or cause or permit to fire, set off, discharge
or use any fireworks except for “safe and sane” fireworks during the period between 10:00 a.m. and 11:00 p.m. on July 4.
(Added by Ord. 2002-2)
C.
It shall be unlawful for any person to have in his or her possession any fireworks except from 8:00 a.m. on July
1st through 11:00 p.m. on July 4th. The provisions of this subsection are not applicable to public agencies or
manufacturers or suppliers of fireworks for public display or storage. Organizations to which permits have been
issued may accept delivery of fireworks for stocking purposes no more than 24 hours prior to the time allotted for
fireworks sales.
(Added by Ord. 2002-2)
D.
Any resident, occupant or person in control of premises on which illegal fireworks are found or from which
fireworks are illegally discharged shall be subject to the same civil liability or criminal penalty that may be imposed
pursuant to City regulations on the person selling, discharging, using or possessing such fireworks, as applicable,
provided that the person selling, discharging, using or possessing such fireworks is on such premises by invitation
of or with the consent of such resident, occupant or person in control of such premises.
(Added by Ord. 2008-1)

3105.1. PERMIT REQUIRED.
All applications for permits required under Chapter 3 of Part 2 of Division 11 of the
Health and Safety Code (State Fireworks Law) shall be made to and upon the form provided by the Director of Finance
of the City of Lakewood. The Director of Finance shall refer all such applications to the Fire Department for a report.
(Added by Ord. 445)

3105.2. PERMITS FOR SALE OF SAFE AND SANE FIREWORKS.
All applications for permit to sell at retail "safe
and sane fireworks" shall comply with and be governed by the provisions of the State Fireworks Law and, in addition, shall
be governed by the following:
A.
Each application shall be made prior to the first day of April in each year.
(Amended by Ord. 2002-2)
B.
Each application shall be accompanied by the requisite City business license fee.
C.
Each application shall be accompanied by an application processing fee of $100.00 which shall not be
refundable.
(Amended by Ord. 2002-2)
D.
Each application shall set forth the proposed location of the fireworks stand.
(Amended by Ord. 2002-2)
(Revised 2008)

E.
Each application shall set forth the total amount of any compensation required to be paid to a property owner
or manager for the cost of renting a location of the fireworks stand for the current year, commencing March 31,
2003. Along with the application, a copy of the agreement with the landowner or fireworks supplier shall be
furnished.
(Added by Ord. 2002-2)
F.
Each application shall specify the principal and permanent meeting place of the applicant organization, the
address of the meeting place and the day and time of the meeting.
(Added by Ord. 2002-2)
G.
Each application shall set forth in detail acceptable to the Director of Finance the intended charitable use of
the proceeds from the sale of fireworks.
H.
Each application shall be accompanied by a complete list of the organization’s members’ names, addresses,
and telephone numbers as of March 31st of the current year.
I.
Each applicant shall agree that if a permit is issued to the applicant, the applicant will at the time of issuance
of permit deliver to the City public liability insurance and products liability insurance, bonds or riders, designating
the City as an additional insured, in the minimum amount of $1,000,000.00 per person, $1,000,000.00 per accident,
and $1,000,000.00 property damage.
J.
Each application shall be accompanied by a $150.00 cash bond to guarantee faithful performance of the terms
and provisions of this ordinance.
(Added by Ord. 445, Amended by Ord. 2002-2)
K.
Each application shall contain such other information as deemed appropriate by the Director of Finance.
L.
Each application shall bear the signature of an authorized representative of the applicant attesting under
penalty of perjury that the information contained in the application is true and correct.
(Subsections E-I and K-L, Added by Ord. 2002-2)

3105.3. PREREQUISITES TO ISSUANCE OF PERMITS .
The following qualifications must be met in addition to the
other requirements herein set forth or set forth in the State Fireworks Law, before a permit may be issued:
A.
Upon receipt of the report of the Fire Department, the City Council may issue permits to those persons or
organizations determined by it to be responsible and organized and existing as nonprofit or tax exempt associations as
recognized by the State of California or the Internal Revenue Code, primarily for patriotic, veteran, civic betterment,
religious, welfare, youth or charitable purposes. Such permit shall be issued or denied in the discretion of the City Council
and subject to such other reasonable conditions as the City Council determines necessary to protect the public health,
safety and welfare. The City Council does hereby declare its intention to issue only a limited number of permits in order
to prevent an unsightly or undue or unsafe concentration of fireworks stands. No permit shall be issued to other than adult
persons.
(Amended by Ord. 2002-2)
B.
Each such organization must have its principal and permanent meeting place in the City and 50% of its members
must reside in the City and it must have been organized and established in the City for a minimum of one year continually
preceding the filing of the application for the permit. In addition, such organization must have a bona fide membership
of at least twenty members.
C.
There shall be not more than one stand per permittee. Only one permit shall be issued for any parent, principal, or
master group or organization unless the City Council finds in a given case, because of the circumstances of the stand
location or other factors, the intent of this Ordinance will not be defeated by issuing more than one permit. The intent of
this requirement is to limit applicants, who otherwise qualify, to one permit as to each such parent or principal group or
organization and to eliminate any one principal or parent group or association from having permits issued to associate,
derivative, ancillary, subsidiary or support groups or entities. Nothing in this section shall prohibit more than one group
or organization meeting all qualifications specified in this chapter from jointly applying for a fireworks permit. In such
case, however, only a single permit will be issued. Those organizations having obtained a permit in the year 2001,
notwithstanding the provisions of subsection A, B and C, may, in the discretion of the City Council, be issued a permit
until such time that said organization does not receive a permit in a given year, provided that the organization is qualified
and is in substantial compliance under all other sections of this chapter to hold a permit for a fireworks stand.
(Added by Ord.
445, Amended by Ord. 2002-2)
D.
The maximum number of permits which may be issued pursuant to this chapter during any one calendar year shall
not exceed twenty-five. Applications for a permit shall be heard and considered by the City Council. Except for
grandfathered permits, if the City Council should determine that there are more than twenty-five applications which are
qualified for permits, the issuance of permits shall be pursuant to a witnessed drawing subject to the procedures directed
by the Director of Finance.
(Added by Ord. 2002-2)
(Revised 2002)

3105.4. OPERATION OF STAND .
A.
Every fireworks stand shall be staffed only by members of the permittee organization(s), members of their
immediate families, or volunteers and no person below the age of majority shall at any time be or be permitted inside
of said stand or to assist in the handling or sale of fireworks.
(Amended by Ord. 2002-2)
B.
No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such
stand.
(Added by Ord. 445)
C.
Every organization shall be responsible to make certain that every person selling fireworks from that
organization’s stand shall distribute with each sale a flier from the City containing information on laws and
corresponding penalties concerning fireworks. It will be the responsibility of every organization to obtain a
sufficient number of fliers from the City.
(Added by Ord. 2002-2)

3105.5. TEMPORARY FIREWORKS STANDS .
All retail sales of "safe and sane fireworks" shall be permitted only
from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited.
Temporary stands shall be subject to the following provisions:
A.
No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet
of any premises where flammable liquids are dispensed.
B.
Fireworks stands as temporary structures shall not be subject to the terms and provisions of the Building Code
applicable to the construction of permanent structures or buildings, provided, however, that all such stands are
erected under the supervision of the Building Official, who shall require such stands to be constructed in a manner
which will reasonably insure the safety of attendants and patrons. All utilities shall be installed and maintained in
accordance with the Building Code.
C.
No stand shall have a floor area in excess of four hundred square feet.
D.
Each stand must have at least two exits; and each stand in excess of forty feet in length must have at least three
exits, spaced approximately equally distant apart; provided, however, that in no case shall the distance between the
exits exceed twenty-four feet.
E.
Each stand shall be provided with two, two and one-half gallons of soda and acid or equivalent type fire
extinguishers, in good working order and easily accessible for use in case of fire.
(Added by Ord. 445)
F.
Each stand shall be located, as provided in Article IX, in the proper zone therefor, with the exception that
no fireworks stand shall be established within the Civic Center District. The Civic Center District is defined as that
area bordered by Del Amo Boulevard to the south, Candlewood Street to the north, Clark Avenue to the west, and
Civic Center Way to the east. The City Council hereby finds and determines that fireworks stands, because of their
temporary nature and structure, are inconsistent with and incompatible with the design and architecture of the Civic
Center District and are, therefore, prohibited within the Civic Center District.
(Amended by Ord. 2002-2)
G.
Said fireworks stands shall be so located as to provide safe and reasonable ingress and egress thereto and to
comply with the other provisions and terms of this chapter. Said stands shall be located substantially at that place
indicated on the approved permit for such fireworks stand.
(Added by Ord. 470)
H.
Commencing March 31, 2003, the total amount of any compensation paid by an organization to a property owner
or manager for the cost of renting a location for placement of a fireworks stand shall not exceed one thousand dollars
whether paid in cash or merchandise and whether paid by the organization or other party, including a company distributing
fireworks in any one year.
(Added by Ord. 2002-2)

3105.6. GENERAL REQUIREMENTS FOR PERMITTEES
.
A.
Stands shall not be located closer than five hundred feet apart, and no more than two stands shall be located
on the same parcel of property. Those persons or organizations having a continuous agreement with a property owner
since the Year 2001, in the discretion of the City Council, may continue to utilize such a site until such time that the use
has been suspended or discontinued in any given year, and provided that the organization is qualified under all other
sections of this Chapter of the Lakewood Municipal Code to hold a permit for a fireworks stand.
(Amended by Ord. 2002-2)
B.
All weeds and combustible material, not including structures, shall be cleared from the location of the stand,
and for a distance of at least one hundred feet surrounding the stand.
(Revised 2002)

C.
"No smoking" signs shall be prominently displayed in four-inch letters, both inside and outside the fireworks
stand. No person shall smoke or burn any cigarettes, cigars, pipes or things within such stand or within a distance
of twenty feet surrounding such stand.
D.
Each stand must have an adult watchman or attendant in attendance and in charge thereof at all times while
fireworks are stored therein. No cooking, living or sleeping facilities shall be established or maintained within any
stand. No watchman or guard shall sleep inside any such stand.
E.
All unsold stock and accompanying litter shall be removed from the location by 12:00 o'clock noon on the 5th
day of July.
(Amended by Ord. 2002-2)

F.
No fireworks stand shall be installed prior to 12:00 o'clock noon on June 21st and each such stand shall be
removed from the temporary location by 12:00 o'clock noon on the 10th day of July and all accompanying litter,
debris, building materials, utility connections, and other facilities or equipment or materials shall be cleared from
said location by said time and date.
(Amended by Ord. 2002-2)

G.
All permits and licenses shall expire at 10:00 p.m. on the 4th day of July each year. Any permit or license shall
be subject to suspension by order of the Fire Chief if he or his duly authorized deputy has determined that any
permittee has failed to comply with the terms and provisions of this Code or any condition of the permit and
provided, further, that the procedure of notice and review by the License and Permit Hearing Board in the time and
manner specified in Article VI of this Code is complied with. Any such permit or license may be revoked by the City
Council, or said Board, when it has found and determined that a permittee has failed to comply with the terms and
provisions of this Code or with any of the conditions of said permit or where the Council or said Board has found
and determined that the preservation of the public health, safe t y, peace and welfare demand revocation of said
licen se or permit, or where a permit or license has been granted on false or fraudulent evidence, testimony or
application.
(Added by Ord. 445, Amended by Ord. 2002-2)

H.
No less than one hundred percent of the gross proceeds derived from the sale of fireworks in the City, less only
expenses related to the cost of purchasing the fireworks actually sold and costs incurred in complying with this chapter,
shall be spent to benefit patriotic, veteran, civic betterment, religious, welfare, youth or charitable purposes within the City
of Lakewood. An accounting of gross receipts, all expenditures and the use of the net profits, along with a copy of the
corresponding State sales tax report, shall be presented to the Director of Finance no later than April 1st of the following
year. Said report must be in a format acceptable to the Director of Finance.
(Added by Ord. 2002-2)

3106. PUBLIC DISPLAY OF FIREWORKS .
Notwithstanding the provisions of Section 3105, public display of
fireworks, as defined in the State Fireworks Law, may be conducted subject to all of the terms and provisions therein
contained and only if a permit therefor has been granted by the Fire Chief and the City Council. Such public displays, in
addition, shall be subject to all rules and regulations contained in the Fire Prevention Code.
(Added by Ord. 445)
(Revised 2002)

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