Section 5609.1.3 is added to Chapter 56 of the California Fire Code to read as follows:

5609.1.3. Application for Permit. Application for a permit to sell safe and sane fireworks shall:

a) Be made in writing.

b) Be filed with the Fire Chief on or prior to May 1 of each year.

c) Set forth the proposed location of all fireworks stands, and the dimensions thereof.

d) Be accompanied by an assurance that if a permit is issued, the applicant, at the time of receipt of such permit, shall deliver to the city manager satisfactory evidence of an insurance policy with $50,000/100,000 public liability and $10,000 property damage coverages, with a rider attached to the policy designating the City and its agents and employees as additional insured thereunder.

e) Be accompanied by an assurance that if a permit is issued, the applicant, at the time of receipt of such permit, shall deposit $100.00 cash with the city clerk, which deposit shall be refunded to the permittee after the permit period has ended, if said permittee has complied with all applicable provisions of law for the sale of fireworks, but to be forfeited and retained by the City in the event of noncompliance with such law;

f) Be accompanied by a nonrefundable application fee as specified in Chapter 3 of the Marina Municipal Code; and

g) Shall contain the following information: name and address of the applicant; applicant’s business or organization status; the date the applicant was organized or first conducted business; the names and addresses of applicant’s officers, if any; the location of applicant’s principal and permanent place of business or meeting; the location where applicant will sell and store fireworks; and the applicant’s State Board of Equalization Sales Tax Permit Number.

Provided the above requirements are met, permits shall be granted on a first-applied for, first-granted basis. Applicants for permits hereunder shall be notified by the Fire Chief or his or her designee of the granting or denial of their application for a permit on or before the first day of June each year.