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HomeMy WebLinkAboutFIN 2019-12-09 Item 2B.1 - Permit - Fireworks Permit for Lam's Seafood Asian Market Grand OpeningCity of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Ben Hayman, Fire Marshal BY: Ben Hayman, Fire Marshal CC. Mayor Ekberg DATE: December 4, 2019 SUBJECT: Fire Marshal authorization to approve Lam's Seafood fireworks application ISSUE Requesting Council to authorize the Fire Marshal to approve the Lam's Seafood fireworks application when they submit all the required documentation. BACKGROUND Lam's Seafood Asian Market is holding a grand opening celebration on January 3, 2020. They recently submitted Special Event permit for the grand opening. Lam's Seafood would like to set off fireworks at the beginning of the event. The use of fireworks will require Lam's Seafood to submit a separate application for Fireworks review and approval. City of Tukwila Ordinance 1787 requires the Fire Marshal to review fireworks applications for compliance with the law and report the findings to City Council. Pursuant to TMC 8.12.020(3)(d), the City Council must review permits for the public display of fireworks and then grant, deny, or grant with conditions such permit. In this instance, the permit applicant has not been able to gather all permit -required information in time for Council's review. It is anticipated that the permit applicant will be able to provide all necessary information for Fire Marshal to review, before the event is scheduled to take place. DISCUSSION If City Council supports this streamlined approach for this Fireworks approval process, the Fire Marshal would like to submit an update to Ordinance 1787 at a future date. The proposed update would streamline the approval process where the City Council delegates the authority to approve fireworks permits to the Fire Marshal, if all permit requirements are met. These requirements include compliance with state statutes and local ordinances. RECOMMENDATION The Fire Marshal seeks the City Council's approval of the fireworks permit, subject to the Fire Marshal's subsequent determination that all permit requirements, including compliance with state statutes and local ordinances, have been met and seeks delegation of the authority to approve the fireworks permit to the Fire Marshal, if all permit requirements are met. If permit requirements are not met, the fireworks permit 17 INFORMATIONAL MEMO Page 2 would be denied. The Special Event permit can still be approved, but without the use of fireworks. ATTACHMENTS Lam's Seafood Special Event Application Tukwila Municipal Code 8.12-Fireworks City of Tukwila Ordinance 1787-Fireworks im City of Tukwila Temporary Special Event Permit Application You May Email Application To: TempSpecialEvents@TukwilaWA.gov Or You May Deliver Application to: City of Tukwila, Fire Marshal Office, 6300 Soutlicenter Blvd, Ste 209, PH# 206-575-4407 No Fee for Event Application. A permit fee may apply depending on event. Please allow 10 -15 business days for issuance of permit. ASSIGNED PERMITI, Event Contact Information Name of Organization Sponsoring Event:iAMIS Date of Application: l /rr �{ City of Tukwila Business License: We will orda-le- vleolt C UBI# 6 0 3 g 3 col s-t(uC�fo� c t r I Event Contact Name: N f I N�U ya! Iv Phone # 4o2 G J G� 3 p j Email Address: aoet , �1G(wyaj I � �%lJG1 1� V Mailing Address: IN-8 S , %1 N Cr S•� , ,- lyre Event Back Up Contact Name: Phone #.�O6 gij 3 �001� =EmailAddress: *iz . MC'f rCtI lal,' 7 _Cec c &7n Tvoe of EveTt Type of Event: D1'n SCALED SITE PLAN OF EVENT IS REQUIRED BROCHURESATTACH POSTERS OR MAILING ADVERTISEMENT If ANNOUNCEMENTOF Dates of Event: r Hours of O eralion: Number of Event Volunteers: rtu�( 0,3. V�0 p . —4 d�f5 Address /location of event: o2L1 _5 M i n kl e r o u'e va j (u K Wi'0_ . (xlA- 0 219 Y Will the event be held at any time during non -day light hours: No Private Security provided: Will the event be held indoors or outdoors: our f C'QD (— In Parking lot: I On Sidewalk: L�j 1Z_ Streets, Trails and Parking - Attach Trail route, Parking Plan and location maps, written narrative of traffic Will streets need to be closed: X ve-61 I I Ve Will any portion of a City trail need to be closed: What trail? If Yes, what streets and for how long: aM (b When and how long: P 0 Trail route/site plan required Parking; On street El Off street: E If yes, what streets will be used: How will parking be directed I controlled: W kvi II ;-tave ct I ¢ t a-) lM f ire r hv Ile f- TMC Noise Code; allowable times 7arn -10pm Monday through Friday Barn - 10pm Saturday and Sunday Use of PA System? i` — — --- 1-I� - If DJ; Name of DJ: Nd --C If live music event / performance - Name of performer I group: �{, ru�orr Start Time: /tV ' 30 C4 yhn Stop Time: 02 %JI-) n �^ 19 City of Tukwila Temporary Special Event Permit Application - page Z SCALED SITE PLAN REQUIRED TO SHOW LAYOUT OF EVENT ASSIGNED PERMIT # Restroom I Washing Facilities and Garbage Permanent Restroo Hand Washing Available: YES f NOPortable Restroom: YES:NO� : Station: YES IM N0: Garbage Receptacles: YESV N0[—] Qnty: Garbage Collection and Disposal Plan: PropaneElectrical I :. in scaled site plan Using liquid propane gas / open Flame: YES: NO[jr For cooking: For heating: Portable generators used: YESr__1 0 ype: Cord & Plug: Hardwire Electrical Service for I at the event, includin use of power / extension cords: YES: NO�/ Temporary. .•. on scaled site plan Tents: YES© NO Qnty: Dimensions, including height: to Trailers /Cargo Containers YES: NO[ Only: Dimensions, including height: Temporary Stages: YESV NO: Only Dimensions, including height: �(X'g I I Scaffolding: YES: NoF_ --' Temporary Water Meter needed: YES NO Selling I Serving I Alcohol - ... Selling / Serving Alcohol: YES NO EY' WA Slate Liquor Lic. # Selling / Serving Food: YES NO � King County Food Permit # RCW 69.50.445(1) STATES THAT IT IS UNLAWFUL TO OPEN A PACKAGE CONTAINING, OR CONSUME, MARIJUANA, MARIJUANA - INFUSED PRODUCTS OR MARIJUANA CONCENTRATES IN VIEW OF THE GENERAL PUBLIC OR IN A PUBLIC PLACE Event Entertainment Motorized Carnival Inflatable Floats: YES NO vehicles: YES: NOM Rides: YES: NOfV'1 Bouncers: YES NO� F7eworks: Y S NO Booths/ Animals: YES: NO� Types• Vendors: YES NO Signage — criteria for temporary signage to be followed — max 2 signs, up to 64sqft total, shown on site plan Temporary Signs ! I i I Wind Animated Banners: YES NO: Only Dimensions: Objects: YES M",NO: Searchlights: YES 11NO[0 Completed Application Scaled Site Plan Event Flyers / Brochures Insurance — If Required The applicant may be required to procure and maintain proof of minimum insurance 1 full business day prior to the event and for the duration of the event naming the City of Tukwila as Primary and Non-contributory Additional insured. Applicant also agrees to defend, indemnify and hold the City, its officers, officials, employees, representative and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with activities or operations performed by the Applicant or on Applicant's behalf out of issuance of this Permit, except for Injuries and damages caused by the sole negligence of the City. Signature certifies accepta ce of terms and information provided is accurate: f Signature Dale 20 CV)► 0 cu Y = U Q ca cr T E N O C N N U � L � 7 O O Z rn a r`Q3 iL V p M C7 � _C co L N O M 41) (Y m 67 r11� `v V wy Ea M VEd Janopuy G • + i .indnaa P'l[k .Y 0 aN"vae T. � O , W C M C CLO E 0 p QJ c c 0- 0 7) co C%) O C LL m rL `J U.O cf) m N t0 L C c � m a c �n Y d N i IJ gouthcentet PkwY Southcenter PkwY 1-1 21 22 Lam's Seafood ��Asian Market 1221 5 Kind 5treet Seattle, WA 98144 Phone: 206.957.7006 Email: info@Lamseafood.com 12/2/2019 To: The Honorable City Council Members City of Tukwila Fr: Lam's Seafood Asian Market 243 Minkler Blvd, Tukwila 98188 Dear Council Members: My name is Anh Nguyen, Marketing Coordinator of Lain's Seafood Asian Market. I am writing this letter to ask for your permission for our market grand opening event. I have attached the Special Event Permit Application, included some drawings, photos, map for your reference. As you can see in the application form. We will have some activities during grand opening such as Lion & Dragon Dance, Ribbon Cutting, Music and especially Ceremonial Firecrackers. We would like to set off the Ceremonial Firecrackers during the event. It will happen in 10-15 minutes while the Lion & Dragon Dancing show. We had been used Ceremonial Firecrackers in the past year at our Seattle store. Currently, we are still in process to finding a licensed pyrotechnics technician to oversee the use of the firecrackers. We will not use the firecracker until we get your permission and have a licensed pyrotechnics technician. Hopefully, you will allow us to set off the Ceremonial Firecrackers. And will allow us to have the grand opening show. Thank you very much for your time Honorable Council Members. I look forward to hearing from you. Respectfully An ANguye� Marketing Coordinator, Lam's Seafood Asian Market 23 TUKWILA MUNICIPAL CODE CHAPTER 8.12 FIREWORKS Sections: 8.12.010 Sale of Fireworks Prohibited 8.12.020 Ban on Fireworks Discharge 8.12.030 Fireworks Discharge, Enforcement Authority 8.12.040 Fireworks Discharge, Penalties 8.12.010 Sale of Fireworks Prohibited No person, firm or corporation shall manufacture, sell, or store fireworks in the City of Tukwila, except that a person granted a permit for a public display of fireworks shall be allowed to buy, possess and store fireworks according to the permit granted. (Ord. 1786 §1, 1996) 8.12.020 Ban on Fireworks Discharge No person or persons shall ignite, explode or discharge any fireworks or firecrackers within the city limits of Tukwila, except as provided below: 1. Use by a group or individual for religious or other specific purposes on an approved date an approved location pursuant to a permit issued pursuant to RCW 70.77.311. 2. Use of trick and novelty devices as defined in WAC 212.17.030, and use of agricultural and wildlife fireworks as defined in WAC 212.17.045, 3. Public Display of Fireworks a. "Public displays of fireworks" are defined as an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks. b. Public displays of fireworks shall be allowed pursuant to the definitions and permit provisions found in RCW 70.77.255, 70.77.260 (2), 70.77.280 through 70.77.295, and City requirements in TMC 8.12.020-3.c, 3.d & 3.e below. c. Applications for public display of fireworks shall be made in writing at least 14 days before the proposed display. The Fire Marshal shall investigate the safety, supervision, responsibility and preparation for the display, and shall report to the City Council those findings. d. The City Council shall review all permit applications for a public display of fireworks, and shall have the power, based upon the finding of their investigation, to grant or deny any application for a permit, or to subject the same to such reasonable conditions, if any, as they shall prescribe. Said decision to grant, deny, or grant subject to conditions shall be in writing with findings and conclusions provided therein in support of the City Council's decision. e. The fee for a public display shall be $100. f. Permits granted shall be in effect for the specified single event, date and time specified in the permit. Such permit shall not be transferable. g. Any applicant who feels he/she has been denied a permit for reasons other than those set forth in this section, is entitled to appeal the written decision in accordance with procedures set forth in TMC 8.45.060 relating to appeals from notice and orders. (Ord. 1787 §1, 1996) 8.12.030 Fireworks Discharge, Enforcement Authority The Chief of Police and Fire Marshal are both directed to administer and enforce the provisions of this chapter. Upon request by the Chief of Police or the Fire Marshal, all other City departments and divisions are authorized to assist them in enforcing this Chapter (Ord. 1787 §2, 1996) 8.12.040 Fireworks Discharge, Penalties Any person who violates any portion of this ordinance shall be subject to having their fireworks confiscated as provided for in RCW 70.77.435, and shall be guilty of a civil violation and penalty as provided in TMC Chapter 8.45. (Ord. 1787 §3, 1996) Page 8-12 Produced by the City of Tukwila, City Clerk's Office 24 J�.p11LA, .. . OI Z IR.. 1 1906 City of Tukwila Washington Ordinance No. 1787 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, BANNING THE DISCHARGE OF FIREWORKS WITHIN THE CORPORATE LIMITS OF THE CITY OF TUKWILA; ESTABLISHING EN- FORCEMENT AUTHORITY, ESTABLISHING PENALTIES FOR VIOLATION; REPEALING ORDINANCE NO. 1708; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the Tukwila City Council wishes to represent the majority opinion of its citi- zens on the issues of the discharge of fireworks in the City, and WHEREAS, in a February, 1996 survey in the Hazelnut, the survey showed 151 votes to ban fireworks, 25 votes opposing a ban, and 125 votes for keeping the then -current restriction of allowing the discharge of fireworks only on July 4th, and WHEREAS, the City Council found public opinion too closely divided between those wanting and those not wanting a ban on fireworks to warrant a change in the ordinance without further information, and WHEREAS, the Council authorized an advisory vote on the November 5, 1996 ballot, ask- ing whether citizens supported or opposed a ban on the sale and discharge of fireworks, and the vote tally was 2,432 voters supporting a ban and 2,212 opposing a ban, leaving a margin of 52.3% pro -ban to 47.6% anti -ban; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHING - TON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ban on Fireworks Discharge. No person or persons shall ignite, explode or dis- charge any fireworks or firecrackers within the city limits of Tukwila, except as provided below: A. Exceptions. 1. Use by a group or individual for religious or other specific purposes on an approved date an approved location pursuant to a permit issued pursuant to RCW 70.77.311. 2. Use of trick and novelty devices as defined in WAC 212.17.030, and use of agricultural and wildlife fireworks as defined in WAC 212.17.045. 3. Public Display of Fireworks a. "Public displays of fireworks" are defined as an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks. b. Public displays of fireworks shall be allowed pursuant to the defini- tions and permit provisions found in RCW 70.77.255, 70.77.260 (2), 70.77.280 through 70.77.295, and City requirements in subsections (C), (D), and (E) be- low. C. Applications for public display of fireworks shall be made in writing at least fourteen (14) days before the proposed display. The Fire Marshal shall investigate the safety, supervision, responsibility and preparation for the display, and shall report to the City Council those findings. 25 d. The City Council shall review all permit applications for a public dis- play of fireworks, and shall have the power, based upon the finding of their investigation, to grant or deny any application for a permit, or to subject the same to such reasonable conditions, if any, as they shall prescribe. Said deci- sion to grant, deny, or grant subject to conditions shall be in writing with findings and conclusions provided therein in support of the City Council's decision. The fee for a public display shall be $100. f. Permits granted shall be in effect for the specified single event, date and time specified in the permit. Such permit shall not be transferable. g. Any applicant who feels he/she has been denied a permit for reasons other than those set forth in this section, is entitled to appeal the written de- cision in accordance with procedures set forth in T.M.C. 8.45.060 relating to appeals from notice and orders. Section 2. Enforcement Authority. The Chief of Police and Fire Marshal are both directed to administer and enforce the provisions of this chapter. Upon request by the Chief of Police or the -Fire Marshal, all other City departments and divisions are authorized to assist them in enforc- ing this Chapter. Section 3. Penalties. Any person who violates any portion of this ordinance shall be sub- ject to having their fireworks confiscated as provided for in RCW 70.77.435, and shall be guilty of a civil violation and penalty as provided in TMC 8.45. Section 4. Repealer. Ordinance 1708 is hereby repealed. Section S. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUCIL OF THE C,�TY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this �/ day of i(((-L 1996. Jo W. Rants, Mayor ATTEST / AUTHENTICATED: E. Cantu, City Clerk APPROVED AS TO FORM: Of 'ce of the City A mey FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL:1.7 PUBLISHED: EFFECTIVE DATE: /v? ORDINANCE NO.: / 7S7 26 CITY OF TUKWILA SUMMARY OF ORDINANCE NO. 1 7 Y %7 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, BANNING THE DISCHARGE OF FIREWORKS WITHIN THE CORPORATE LIMITS OF THE CITY OF TUKWILA; ESTABLISHING ENFORCEMENT AUTHORITY, ESTABLISHING PENALTIES FOR VIOLATION; REPEALING ORDINANCE NO. 1708; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. On /� / 9 IF4 , the City Council of the City of Tukwila passed Ordinance No. /787 banning the discharge of fireworks in the City, except for those who fulfill the requirements for a public display of fireworks; providing for severability and establishing an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of X4w�(-/J (91 E. Cantu, City Clerk Published Seattle Times: /.2 )11� 27