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HomeMy WebLinkAboutCC Ord 421 1952-05-05 1 I I ORDINANCE NO.4..:&1 AN ORDINANCE REGULATING THE SALE OF SAFE AND SANE FIREWORKS WITHIN THE CITY OF SEAL BEACH; PROVIDING FOR RE~AL OF ALL ORDINANCES IN CON- FLICT HEREWITH; PROVIDING PENAL~~ FOR VIOLA- TION THEREOF; AND PROVIDING FOR PUBLICATION THEREOF; AND PROVIDING FOR AN EMERGENCY section 1: It shall be unlawful for any person, firm or corporation to sell. or display for the purpose of selling, any fireworks of any kind or description within the City of Seal Beach without first having procured a license for such sale as hereinafter provided. section 2: Every person, firm or corporation desiring to sell or engage in the business of selling safe and sane fire- works shall first make a written application for a license directed to the City Council of the City of Seal Beach, stating the name of such person or individual or firm or corporation making such application as well as the street and number of the . proposed location of said business. This application shall be accompanied by cash or certified check for the amount of the annual license tax hereinafter stated. The City Council reserves the right to reject any and all such applications which, in the discretion ,of the City Council, would be detrimental to the public health, morals or safety of the residents of the City of Seal Beach and in the event any such application shall be rejected then the license tax shall be returned to the applicant. section 3: The licenses provided for by the terms of this Ordinance shall be issued only, to established places of business and to fraternal, patriotic, charitable, religious or . other non-profit organizations. No application for a city license hereunder shall be considered bj the City of Seal Beach unless the same is filed with the City Clerk of the City of Seal Beach on or before June 1st of each year, commencing with I I I Ordinance Number . the year 195~. All applications for license hereunder shall be first approved by the Chief of the Fire Department of the City of Seal Beach before such license shall be issued by the City of Seal Beach. No license shall be issued for the sale ~~ display of fireworks until the applicant therefor has furnished a detailed statement of each and every kind of fireworks to, be sold or dis- played under said license. Section 4: A fee of ONE-HUNDRED ($100.00) DOLLARS per year shall be paid by each applicant to the City of Seal Beach for such license. The owners of established places of business within the City of Seal Beach shall not be required to pay such license fee; o\voers of such established places of business shall be required, however, to make application for license as herein provided. An established place of business within the City of Seal Beach shall be construed to in a room or bui'lding containing , be a Pl~C~ of business', located a stock-of merchandise which has been regularly displayed for the purpose of retail sale, and has been in operation for a period of not less than three (3) months, and the City Council shall have sole discretion to deter- mine whether or not such applicant owns'and operates an established place of busi~ess. Section 5: It shall be unlawful for any person, fi~, or corporation to sell any fireworks prior to July 1 or subsequent to July 5 in any year, commencing with the year 195~; further it shall be unlawful for any person, firm, or corporation to dis- charge any fireworks before the 1st day of July or subsequent to the 5th day of July in any year, commencing with the year 1952. Section 6: The City Council does hereby declare that an emergency exists and it is necessary that this ordinance be en- acted as an emergency measure affecting the public health, wel- fare and safety of the City of Seal Beach. The following is a I I I ... . , - Ordinance Nll}Ill>er 'c statement of facts constituting such emergency. There is no adequate license now in effect in the City of Seal Beach regulating sale and display of safe and sane fire- works before and during Independence Day in the year 195~. It is necessary that investigations be made of such applicants and, unless this ordinance is passed and adopted as any emergency measure, there will be insufficient time with~n which to inves- tigate such applicants. Section 7: Every person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine in any sum not to exceed THREE-HUNDRED ($300.00) DOLLARS or jail sentence of not to exceed thirty (30) days or may be punished by both such fine and imprisonment. Section 8: The City Clerk shall cause this ordinance to be published once in the Seal Beach "Post and Wave", a newspaper of general circulation printed end published in the City of Seal Beach, California, and said ordinance shall t ake effect immediately upon such publication as provided by law. PASSED, ADOPTED and APPROVED this ~~ day of May, 1952. . '''''''T> W;;/lt:.t-4k ,~ ~~r~ cZ City Clerk' ---7" V STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) . CITY OF SEAL BEACH ) I, John W. Mulcahy, City Clerk of the City of Seal Beach, California, do hereby certi~ that the foregoing ordinance was adopted as an emergenc1~g~""t'ne City Council of the City of seai';{ Beach at a regular meeting of the City Council held on the ~ day of May, 1952, and that the same was adopted by the following vote: ' AYES: Councilmen NOES: Councilmen ABSENT: Councilmen IN E 8.1 TEJt, i t:ON#lttl? .l.I'fWIii!RlJ, 4ow.t'N. S'H""F~"T' ..v...ve.. (b{;l N'o"'~ / /--; /' . 'I , , y; , " :/t; #Jf~;j/&/P;k<y" /1 City Clerk of the"'--/ y ~~ty of Seal Beach, Calif~rnia