Report to Mayor and City Council
Tuesday, June 21, 2016
Discussion
SUBJECT:
Title
CONSIDER APPEAL FROM LOKOU OLE OLA CHURCH DBA FOISIA FOUNDATION FOR FIREWORKS LICENSE (CITY COUNCIL)
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I. SUMMARY
In prior years, Lokou Ole Ola Church operated a fireworks stand in the City of Carson. This year they changed their name to Lokou Ole Ola DBA Foisia Foundation. Because they failed to meet eligibility requirements in the Carson Municipal Code (Exhibit No. 2), the application was denied. The applicant is appealing the City’s decision to deny a fireworks license for 2016.
II. RECOMMENDATION
Recommendation
UPHOLD staff decision to deny waiver of fireworks requirements for Lokou Ole Ola Church DBA Foisia Foundation.
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III. ALTERNATIVES
APPROVE the appeal from Ole Ola Church and direct Staff to issue a 2016 fireworks license.
IV. BACKGROUND
On March 28, 2016, the City received an Application for Retail Fireworks License from Lokou Ole Ola DBA Foisia Foundation (Exhibit No. 1).
On May 5, 2016, the City notified Lokou Ole Ola DBA Foisia Foundation stating that their application for a fireworks license was denied because its principal and permanent meeting place was a residence at 24009 Marbella Ave (Exhibit No. 3). A church use is not permitted in a RS - Residential, Single Family zone per CMC Section 9121.1 (Exhibits Nos. 4 and 6).
On June 2, 2016, Lokou Ole Ola submitted a written request appealing the City’s decision to deny their fireworks permit application (Exhibit No. 5).
CMC Section 3101.2(d) states that “The City Council may, by the affirmative vote of three-fifths (3/5) of the members of the City Council, waive, in whole or in part, the qualifications and requirements of subsections (a) or (b) of this Section for any applicant which the City Council finds is affiliated with a program or activity which is officially sponsored or operated by the City of Carson.” (Exhibit No. 2).
During the past few months, Lokou Ole Ola filed to name change to Foisia Foundation and requested the Secretary of State to approve their tax exempt status which remains pending. CMC Section 3101.2(b) requires that all associations have its principal and permanent meeting place in Carson for a minimum of one (1) year continuously preceding the filing of the application for the license (Exhibit No. 2).
V. FISCAL IMPACT
If the appeal is approved, the City will receive fee revenue ranging from $251.00 to $401.00 if a firework storage permit is requested.
VI. EXHIBITS
1. Application for Retail Fireworks License. (pg. 3)
2. CMC Section 3101.2. - Persons Eligible. (pg. 4)
3. City letter denying Fireworks License. (pg. 5)
4. CMC Section 9113.1. - Zoning Classifications. (pg. 6)
5. Letter from Lokou Ole Ola requesting appeal. (pg. 7)
6. CMC Sections 9121.1. - Uses Permitted. (pgs. 8 - 11)
Prepared by: Boris Sztorch, Revenue Manager