A licensee under this chapter shall comply with the following requirements and failure to comply shall be deemed unlawful and a violation of the license constituting suspension or revocation thereof:
(A) Indoor retail sales of consumer fireworks shall occur only on property where retail business or institutional uses are permitted. No sale of consumer fireworks shall occur on property zoned residential or on property with mixed uses which include residential.
(B) The building in which the consumer fireworks are being sold or stored shall have at least two exits to the outside and all consumer fireworks display aisles shall be a minimum width of 48 inches. The height of the consumer fireworks display shall not exceed six feet.
(C) Consumer fireworks shall not be sold to any person under the age of 18 years. Photo identification of each purchaser shall be checked at each sale.
(D) Outdoor sales of consumer fireworks shall be subject to the special outdoor promotions regulations set forth in the city code zoning regulations and all consumer fireworks kept outdoors in a structure during the permitted period of the promotion shall be stored in a metal container approved and required by the National Fire Protection Association (NFPA) Standard 1124 between the hours of 10:00 p.m. and 8:00 a.m. and any other times that the licensee is not open for business/sales. Any structure in which the outdoor promotion and sales of consumer fireworks is to occur shall comply with the requirements of NFPA Standard 1124.
(E) Smoking within 50 feet of the retail consumer fireworks sale and storage areas is prohibited and the sale and storage area(s) shall have signs designated "No Smoking" in red letters not less than two inches in height on white background. All signs shall be maintained in legible condition and all signage must be approved by the Fire Chief or his/her designee.
(F) No consumer fireworks shall be discharged, exploded, or used within 100 feet of the building in which the consumer fireworks are being sold or stored.
(G) The building in which the consumer fireworks are sold or stored shall have at least one 2½-gallon pressurized water fire extinguisher in the area where the fireworks are sold or stored in accordance with the 2000 International Fire Code.
(H) All consumer fireworks fuses shall be covered or arranged so fuses cannot be touched directly by a person handling the consumer fireworks without that person puncturing or tearing the package.
(I) In buildings in which consumer fireworks are sold or stored, and that do not have an approved automatic sprinkler system, consumer fireworks sales, displays, or storage shall be limited to 50 pounds net pyrotechnic composition or 200 pounds gross weight, if the pyrotechnic composition weight is unknown. In buildings with an approved automatic sprinkler system, fireworks sales, displays, and storage shall be limited to 100 pounds net pyrotechnic composition or 400 pounds gross weight, if the pyrotechnic composition weight is not known.
(J) The building in which retail sale consumer fireworks are permitted hereunder shall meet all applicable provisions of the State Building Code and Fire Code.
(K) The licensee shall comply with all federal and state laws and regulations regarding fireworks in consumer fireworks and all provisions of this section.
(L) The licensee shall be responsible for the actions of its employees or agents with regard to the sale of consumer fireworks on the licensed premises and for purposes of this provision, the sale of consumer fireworks by an employee or agent will be considered a sale by the licensee.
(M) The licensee shall maintain at all times during the duration of the license and as a condition thereof, general liability, bodily injury, and property damage insurance approved by the city in a minimum amount of $1,000,000.00 per claim and for each incident. The city shall be named as an additional insured and the licensee shall provide to the City Clerk a current certificate of insurance. The licensee shall notify the City Clerk at least 30 days in advance of any insurance cancellation or threat of cancellation of insurance.
(N) Retail sale of consumer fireworks shall occur only on the premises for which the license is issued.
(Ord. 771, passed 4-14-05)