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ORDINANCE NO. NS-1462 <br />PAGE FIVE <br /> <br />Sec. 12.106. Permits, Issuance. <br /> <br /> Permits for the sale of safe and sane fireworks <br />shall be issued only to bona fide nonprofit organizations <br />organized for charitable, fraternal, patriotic service or <br />religious purposes with their principle and permanent meeting <br />place within the City of Santa Ana, and at least 50% of the <br />members residing within the City limits. <br /> <br />Sec. 12.107. Application for permit. <br /> <br /> Application for such permits shall be filed with <br />the fire chief or his authorized representative on or before <br />June 1 of each year. Such application shall contain the <br />name of the person or persons responsible for operating the <br />fireworks stand, the location where fireworks are to be <br />sold, proof of insurance, and proof of eligibility for a <br />permit under section 12.106. The fire chief or his representative <br />shall examine such application and shall issue such permit <br />to such applicant if all of the provisions of this article <br />have been complied with and the fire chief or his representative <br />determines that issuance of such permit will not be detrimental <br />to the public safety. The denial of an application may be <br />appealed to the City Council pursuant to Chapter 3 of the <br />Santa Ana Municipal Code. <br /> <br />Sec. 12.108. Fee <br /> <br /> The fee for such permit shall be established by <br />resolution of the City Council. Such permit shall expire <br />one year after date of issuance. <br /> <br />Sec. 12.109. Sale of Safe and Sane Fireworks. <br /> <br /> It shall be unlawful for any person to sell safe <br />and sane fireworks to anyone under sixteen years of age. <br /> <br />Sec. 12.110. Regulations for Temporary Stands. <br /> <br /> Any person operating a fireworks stand shall abide <br />by and comply with the provisions of this Article and other <br />reasonable conditions and restrictions which may be required <br />by the fire chief prior to granting the permit. <br /> <br />Sec. 12.111 Clean Premises Deposit. <br /> <br /> (a) Prior to erecting any such stand, the permittee <br />shall deposit an amount to be set by resolution of the City <br />Council, or post a bond in such amount, with the City of <br />Santa Ana to assure the city that the permittee will remove <br />the stand, equipment, material, and all rubbish from the <br />premises upon which the stand is located, to the satisfaction <br />of the fire chief, before midnight, July 11, of the year for <br />which such permit is granted. <br /> <br /> (b) If the stand, equipment, materials, and rubbish <br />are removed within the said period of time to the satisfaction <br />of the fire chief, the said cash or bond shall be returned <br />to the permittee. <br /> <br /> (c) If the premises are not put in proper order, <br />as determined by the fire chief, the city or its agents or <br />employees may enter upon the property to do everything <br />necessary to clear the premises, and said cash or bond shall <br />be forefeited as liquidated damages for breach of condition <br />subsequent to the permit. As a condition to the permittee's <br />acceptance of the permit, it is expressly agreed that the <br />city or its agents shall have authority to enter upon the <br />premises to carry out the provisions of this section. <br /> <br />-5- <br /> <br /> <br />