Chapter 5.44
CHRISTMAS TREE AND PUMPKIN
SALES LOTS
5.44.010 License-Required-Violation.
5.44.020 License-Application.
5.44.030 Dates of operation-Establishing and dismantling lots.
5.44.040 Suspension and revocation.
5.44.010 License-Required-Violation.
A. No person or business entity, corporate or otherwise, shall conduct, operate and/or maintain a pumpkin sales lot or Christmas tree lot, as defined in Section 5.04.010, without first obtaining and having in effect a valid license therefor issued by the fire prevention bureau as provided in this chapter.
B. Failure to obtain such a license prior to commencing of the sale of pumpkins, Christmas trees, and other Halloween, Thanksgiving and Christmas paraphernalia as defined in Section 5.04.010, shall constitute a separate violation for each day such business is carried on without a license. (Prior code º 7-273)
5.44.020 License-Application.
A. Any person desiring to obtain a license required by this chapter shall make and file a verified application therefor with the fire chief. Such application shall set forth the following information:
1. The name and residence address of the applicant, if a natural person; or, if a corporation, partnership, association or unincorporated entity, its name and the address of its principal place of business;
2. The name and residence address of the person who is to manage and/or control the pumpkin sales lot and Christmas tree lot, if other than applicant;
3. The address at which the pumpkin sales lot or Christmas tree lot is to be conducted;
4. A plot plan showing where pumpkins and other paraphernalia and Christmas trees and other paraphernalia will be located and their relationship to surrounding structures and where flocking and/or dipping operations, if any, will be located; and
5. Whether or not the lot will be operated at night and for what particular hours.
B. At the time of the filing of the application, the applicant shall pay to the fire prevention bureau a nonrefundable application fee of forty-five dollars to provide for the expense of processing the application, inspections related thereto and any or all additional permits required in conjunction therewith by the Uniform Fire Code, Uniform Building Code, Uniform Electrical Code and Title 30 of this code.
C. At the time of filing the application, the applicant shall also make a deposit of three hundred dollars which shall be for the purpose of insuring that the pumpkin sales lot and/or the Christmas tree lot is properly cleaned and cleared after the sale period prescribed in this chapter ends. Only one deposit of three hundred dollars may be made for the stated purpose where the application filed is for pumpkin sales lot and Christmas tree lot and such business will be consecutively conducted on the same real property as permitted by ordinance.
D. If the pumpkin sales lot and/or Christmas tree lot is cleaned as to the satisfaction of the fire chief within the time specified in this chapter, such deposit shall be refunded in total upon application therefor to the fire chief. (Prior code º 7-274)
5.44.030 Dates of operation-Establishing and dismantling lots.
A. No pumpkin sales lot shall be maintained and/or operated in the city except between October 15th and November 1st of each year.
B. No pumpkin sales lot shall be assembled earlier than fifteen days prior to October 31st and shall be dismantled and cleaned by November 1st, except where a joint license has been issued by the fire chief to operate a pumpkin sales lot and a Christmas tree lot consecutively on the same real property as permitted by ordinance.
C. No Christmas tree lot shall be assembled earlier than fifteen days prior to November 1st, or dismantled and cleaned later than December 31st. Where no twenty-four-hour attendant is provided on the lot, it shall be cleaned no later than December 25th.
D. Upon the disassembling of a pumpkin sales lot and/or a Christmas tree lot, the property on which it is located shall be thoroughly cleaned and cleared of any and all pumpkins, straw, trees and tree remnants, trash and any other waste material to the satisfaction of the fire chief. (Prior code º 7-275)
5.44.040 Suspension and revocation.
A. The city manager may temporarily suspend or permanently revoke a pumpkin sales lot and/or Christmas tree lot license issued pursuant to this chapter, upon five-day written notice, for any of the following acts or omissions:
1. Misrepresentation of any material facts by the applicant;
2. If the licensee violates, causes or permits to be violated any of the provisions of this code, the Uniform Building Code, the Uniform Fire Code or the Uniform Electrical Code, or Title 30 of the Glendale Municipal Code.
B. Any aggrieved person may appeal the decision of the city manager to the council within the time and in the manner provided in Chapter 2.88.
(Prior code º 7-276)