A.a. Ethans Mayor Orange County Grand Jury*

Not all cities that allow the sale of legal fireworks require applicants to show proof of a valid Seller's Permit issued by the State of California Board of Equalization. The City of Stanton agrees and has in the past required the sellers permit issued by the state of California before vendors could open, but not part of their original application submittal process. Commencing in 2009 the Seller's Permit will be made part of the application submittal.

Cities have varying requirements for legal fireworks applicant's liability insurance amounts that need to be re-examined for appropriate coverage. The City of Stanton agrees. As part of a Joint Power Authority for liability insurance city staff does consult with them as to the adequacy of the liability insurance coverage required from vendors of safe and sane fireworks.

Cities do not require legal fireworks sellers to file a post-sales report to the city documenting gross and net sales of fireworks detailing the manner and in what amounts the net profits are spent to benefit the community and ensuring that the cities receive their one percent share of the sales tax. The City of Stanton agrees and in fact does require the submittal of a Fireworks Financial Statement. The statement does require reporting of both gross and net sales, as well as detailing how net proceeds are used to benefit the community. To the extent possible the city will begin verifying it has received its one percent share of sales tax.

Cities do not provide sufficient information and encouragement to fireworks sellers to seek other methods of fundraising. The City of Stanton disagrees that encouraging non-profits to seek other methods of financing is part of its mission. The non-profits an autonomous organizations (some faith-based) with their own policy making boards. Such unasked for advice could be viewed as unwarranted government intrusion.

Some cities are reluctant to put the issue of legal fireworks sales to the voters in their cities. The City of Stanton agrees with this finding. The City of Stanton has not received any request from any community organization or any individual(s) requesting that the issue of fireworks be put to a public vote.

Some cities are reluctant to sponsor free public displays of fireworks or to solicit sponsoring partners from businesses or neighboring cities in lieu of the sale of fireworks. The City of Stanton disagrees with this finding. As noted in the report, Stanton is unique among the cities named in the Grand Jury's Report in that there is no public space within the city limits that could accommodate a public display. It is unclear how such a display would affect desired change.

Fireworks sellers do not share the financial burden of added law enforcement, fire safety and public works costs incurred by cities, in large part due to the sale of legal fireworks. The City of Stanton disagrees with this finding. Fireworks sellers DO share in the financial burden of the sale and discharge of safe and sane fireworks through permit fees charged.

Cities do not require fireworks sellers to advise all purchasers that it is illegal to detonate legally sold fireworks in any area of Orange County other than in the incorporated city limits of Buena Park, Costa Mesa, Garden Grove, Santa Ana and Stanton. The City of Stanton agrees with this finding and commencing in 2009 will add this to city provided tote bags and booth signs.

Safety officials cannot enforce all laws and municipal ordinances regarding the illegal use of legal fireworks due to the large volume of activity on the Fourth of July. The City of Stanton disagrees in part with this finding. As with other major holidays, calls for Law Enforcement Services spike and thus stretch available resources. Having said that significant efforts are made to enforce all laws and municipal ordinances relating to the discharge of all fireworks.

The use of illegal fireworks is significantly greater in cities that allow the sale of legal fireworks. The City of Stanton disagrees with this finding since it has no basis of fact to agree or disagree with this finding. We are only familiar with our own set of circumstances.

The use of legal fireworks can mask the use of illegal fireworks. The City of Stanton agrees with this finding.

Safety officials are of the opinion that legal fireworks sales should be banned in the interest of public safety. The City of Stanton agrees in part that some safety officials are of the opinion that legal fireworks sales should be banned.

Safety officials can significantly curb the use of illegal fireworks in these cities within three years if the sale of legal fireworks were banned. The City of Stanton agrees in part that it is possible that safety officials might curb the use of illegal fireworks within three years if the sale of legal fireworks were banned. The City of Stanton has no direct evidence that illegal fireworks would be significantly curbed within three years of a ban on the sale of legal fireworks. It is possible just as it is possible that illegal use may spike following a ban or that it would take longer than three years. O.C. Grand Jury Recommendations: