§ 12635.5. — 12635.5. (Added by Stats. 2023, Ch. 368, Sec. 3.)

California § 12635.5.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 11.: DIVISION 11. EXPLOSIVES
• Part 2.: PART 2. FIREWORKS AND PYROTECHNIC DEVICES
• Ch. 5.: CHAPTER 5. Licenses
• Art. 5.: ARTICLE 5. Fees

Text

(a)
A charter city, city, county, fire protection district, or city and county that adopts an ordinance or resolution pursuant to Section 12599 may, through adoption of an ordinance or resolution by the governing body, require each applicant receiving a permit to pay a fee to the charter city, city, county, fire protection district, or city and county of a pro rata portion of the actual and reasonable costs the charter city, city, county, fire protection district, or city and county incurs that is related to any of the following:
(1)
Processing and issuing permits.
(2)
Inspection of fireworks stands.
(3)
Public
education and awareness campaigns regarding the safe and responsible use of safe and sane fireworks, and the dangers and risks posed by the use of illegal fireworks.
(4)
Enforcing the provisions of the code of the charter city, city, county, fire protection district, or city and county with respect to the sale and use of safe and sane fireworks, including extra personnel time and cleanup of the fireworks trash and debris. “Extra personnel time” means employee or contracted employee time that the charter city, city, county, fire protection district, or city and county would not otherwise incur but for the sale and use of safe and sane fireworks.
(5)
Fire operation and suppression efforts that are directly related to safe and sane fireworks.
(b)
The pro rata share of the costs shall be specified in the ordinance or
resolution and calculated using gross sales as shown on each permittee’s sales and use tax return for the applicable period. The pro rata share of costs shall not exceed 7 percent of the gross sales of the fireworks sold in the charter city, city, county, fire protection district, or city and county during the applicable period. A cost recovery ordinance or resolution in effect on or before January 1, 2024, may supersede this subdivision.

Legislative History

Added by Stats. 2023, Ch. 368, Sec. 3. (AB 1403) Effective January 1, 2024.