A. 1. Fireworks Unlawful: It shall be unlawful for any person to have, keep, store, use, manufacture, assemble, sell, handle, transport, except transportation in interstate commerce, receive or offer for sale or have in his possession with intent to sell within the city limits any fireworks of any description except for subsection A2 of this section.
2. Exceptions:
a. The following specific facilities and permanent buildings and portable building locations, as identified and defined herein, where fireworks were sold in the area annexed to the city of Alamo by the city's property annexation of November 18, 2008, will be allowed to continue to operate as fireworks sales locations and buildings will be granted nonconforming use status and will additionally comply with the specific regulations set out herein:
(1) Mr. G's Fireworks, a permanent building, located at 1602 W. Expressway 83, and portable stands located at corner of Expressway 83 and Cesar Chavez Road in Alamo, TX.
(2) Valley Fireworks with one stand located at the corner of Nebraska Road and North Cesar Chavez Road.
(3) Circle G's Fireworks with one stand located on North Cesar Chavez Road one block from FM 495 at Gonzalez Tires.
b. For the purposes of this subsection A, a permanent building or facility and a portable building or facility are defined as follows:
PERMANENT BUILDINGS OR FACILITIES: At fireworks vending locations and defined as a fireworks vending structure(s) constructed out of brick, wood and/or metal with permanent foundations affixed to the ground that also provide safe, off street, all-weather paved parking and walking areas with proper curb cuts for safe ingress and egress of vehicles, permanently and fully lighted and accessible parking lots for their customers and the public at the location when the location is open to the public, and that were located in those areas annexed by the city commission of the city of Alamo on November 18, 2008.
PORTABLE BUILDING OR FACILITY OR SALES STAND: At fireworks vending locations and defined as nonpermanent structures that are independently transported separately and placed at their location regardless of having been connected to any existing or other placed nonpermanent structure that provides for fully lighted paved parking with parking lot lighting on at all times that the location is open to the public, that have adequate curb cuts for the proper ingress and egress of vehicles and which portable buildings must be seventy five feet (75') from road right of way. Locations that were in existence and located in those areas annexed by the city commission of the city of Alamo on November 18, 2008.
c. Storage and sale of fireworks in the city of Alamo will comply with Texas Occupations Code chapter 2154, the Texas rules for retail firework sales and storage.
d. Purchasers of fireworks within the city of Alamo shall be allowed to possess fireworks for the sole purpose of transporting purchased fireworks outside the city and shall not be subject to citation for violation of this or any other ordinance of the city of Alamo with regard to possession of fireworks as long as such purchaser is transporting said fireworks and said fireworks are inside bags or other similar containers which are located behind the last seat in the vehicle or in the vehicle's trunk and the purchaser can show that the fireworks are in their original packaging and have remained unopened.
e. Those businesses operating permanent and portable buildings for the sale of fireworks to the public set out in subsection A2a of this section shall secure a premises liability insurance policy in an amount not less than two million dollars ($2,000,000.00) naming the city of Alamo, Texas, as an additional insured under the policy and shall provide the city with a copy of said policy by December 1 of each year prior to the three (3) main selling seasons. Failure to do so will result in a violation of this subsection A. The facilities identified in subsection A2a of this section shall not be allowed to sell fireworks until said policy is provided to the city. Additionally, the city of Alamo shall be given at least thirty (30) days' notice prior to the cancellation of said insurance policy. (Ord. 17-11-11, 11-1-2011)
B. It shall be unlawful for any person to cast, throw or fire any squib, rocket, cracker, torpedo, grenade, gun, revolver, pistol, cap or cartridge, rifle or other combustible fireworks of any kind in the city. (Ord. 652, 8-1-1978)
C. Upon a conviction for any violation hereof, the defiant shall be subject to a fine as provided in section 1-4-1 of this code. (Ord. 8-15-00, 8-15-2000)