§ 131.05 FIREWORKS SALES, APPLICATIONS, GUIDELINES AND RESTRICTIONS.
   (A)   All firework sales, applications, guidelines and restrictions must be in accordance with the provisions of the Fireworks Licensing and Safety Act, being NMSA §§ 60-2C-1 et seq., and this chapter. Fireworks may not be sold at retail without a State Fire Marshal’s retail fireworks permit, city business registration and a retail fireworks permit for the city.
   (B)   Any individual or legal entity licensed pursuant to the Fireworks Licensing and Safety Act, being NMSA §§ 60-2C-1 et seq., who wishes to utilize such license or permit for the sale of fireworks within the city (other than as a specialty retailer) shall be required to obtain a retail fireworks permit and to comply with all requirements and restrictions in this chapter.
      (1)   To sell permitted fireworks in the city, other than as a specialty retailer, a written application for a retail fireworks permit must be submitted to the City Fire Chief at least 15 days prior to the beginning date of sales, with a nonrefundable retail fireworks permit fee of $25. This permit fee shall be in addition to any business registration fees that may be required for the individual or entity to do business in the city.
      (2)   A retail fireworks permit will not be issued in the city for any location that is not zoned for commercial retail use.
      (3)   All permits shall be displayed at the location where the retail sale takes place.
      (4)   All trash, weeds and other readily combustible materials in the immediate area of fireworks stands or storage shall be removed and the area maintained.
      (5)   No person shall sell at retail, or offer for sale to the general public, any firework from any motor vehicle or open-air stand.
      (6)   A person (other than a specialty retailer), provided the person first obtains a retail fireworks permit in compliance with this section, shall be allowed to sell at retail or offer for sale at retail to the general public permissible fireworks from or out of temporary buildings, temporary structures or temporary closed-air stands that comply with the code of safety standards published by the National Fire Protection Association for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnics articles and any other applicable federal, state and local law, regulation or rule.
      (7)   A person (other than a specialty retailer) who sells at retail or offers for sale at retail to the general public permissible fireworks from or out of temporary buildings, temporary structures or temporary closed-air stands in compliance with this chapter shall be required to remove from the permitted location such temporary buildings, temporary structures or temporary closed-air stands not later than five calendar days after the expiration of the retail fireworks permit and leave the location in a clean and orderly condition satisfactory to the City Fire Chief, his or her deputies or designees.
   (C)   All retailers, including specialty retailers, may sell aerial and ground audible devices with a possession permit. The form of the application and permit shall be approved by the City Fire Chief. At a minimum, the permit application shall include the name and address of the permittee, the numbers and types of such devices sold and the date of the sale. The specialty retailer shall collect $3 per possession permit issued, to be paid to the city within ten calendar days from the end of each calendar quarter. All other retailers shall collect $3 per possession permit issued, to be paid to the city within ten calendar days from the end of the periods set forth in § 131.04(D). All such payments are to be made to the City Clerk or his or her designee(s).
   (D)   Permissible fireworks may only be stored, sold and used within the city consistent with the requirements and restrictions in this chapter.
      (1)   All permissible fireworks as enumerated in § 131.04(B) and (C) shall only be discharged during the approved sales periods in which retail sales are allowed in § 131.04(D) and shall be discharged only between the hours of 10:00 a.m. and 9:00 p.m., with the exception that they may be discharged until 11:00 p.m. on July 4 and 12:30 a.m. on January 1 of each year.
      (2)   All places where fireworks are stored, sold or displayed shall be in compliance with the Code of Safety Standards published by the National Fire Protection Association for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnics articles.
      (3)   It is unlawful to offer for sale or to sell fireworks to children under the age of 16 years or to an intoxicated person.
      (4)   At all places where fireworks are stored, sold or displayed, the words “NO SMOKING” shall be posted in letters at least four inches in height. Smoking, open flames and any ignition sources are prohibited within 25 feet of fireworks stock. Barriers must be in place at least 25 feet from all sides of a retail stand to ensure that no ignition source, including vehicles, comes within the designated area.
      (5)   Fireworks shall not be stored, kept, sold or discharged within 50 feet of a gasoline pump, or gasoline bulk station, or a building in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only.
      (6)   A fire extinguisher bearing an Underwriters Laboratories, Inc. rated capacity of at least five-pound ABC per 500 square feet of space used for fireworks sales or storage must be on-site at all times where any fireworks are stored or offered for sale.
      (7)   Sales clerks and ancillary personnel employed or volunteering at retail locations where fireworks are sold shall be at least 16 years of age. A sales clerk shall be on duty to serve consumers at the time of purchase or delivery. Permissible fireworks may be offered for sale only at state-permitted or state-licensed retail locations.
      (8)   Fireworks shall not be discharged within 150 feet of a fireworks retail sales location.
      (9)   Fireworks shall not be sold or used on state forestland, wildlands or a bosque.
      (10)   A person shall not ignite fireworks within a motor vehicle or throw fireworks from a motor vehicle, nor shall a person place or throw ignited fireworks into or at a motor vehicle or at or near a person or group of people.
      (11)   Fireworks devices that are readily accessible to handling by consumers or purchasers in a retail sales location shall have their exposed fuses protected in a manner to protect against accidental ignition of an item by a spark, cigarette ash or other ignition source. If the fuse is a thread-wrapped safety fuse that has been coated with a nonflammable coating, only the outside end of the safety fuse shall be covered. If the fuse is not a safety fuse, the entire fuse shall be covered.
      (12)   The discharge of fireworks on roads and rights-of-way is hereby prohibited.
(Ord. 2011-09, passed 6-8-2011; Ord. 2011-19, passed 11-2-2011) Penalty, see § 131.99