Due to recent state law changes, some fireworks may now be legally sold. Since fireworks are inherently dangerous and cannot be legally sold to minors, the city believes that it is in the best interest of its citizens and the general public that the city adopt an ordinance providing for the regulation of the sale of fireworks. (Ord. 79, 6-17-2002)
Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them:
FIREWORKS: Any fireworks that cannot be sold under state law pursuant to Minnesota statutes sections 624.20 through 624.25 are not considered fireworks for the purposes of this chapter since they cannot be sold, possessed or used in the city in any manner. For the purposes of this chapter, fireworks shall mean those types of fireworks that are now legal to sell, possess and use under state law, which are: wire or wood sparklers of not more than one hundred grams (100 g) of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain seventy five grams (75 g) or less of chemical mixture per tube or a total of two hundred grams (200 g) or less for multiple tubes, snakes and glowworms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty five hundredths grains of explosive mixture.
MINOR: Any natural person who has not yet reached the age of eighteen (18) years.
SALE: Any transfer of goods for money, trade, barter, or other consideration. (Ord. 79, 6-17-2002)
No person or retail establishment shall sell or offer to sell any fireworks without first having obtained a license to do so from the city.
A. A license application shall be on a form prepared by the city, shall only reference one proposed location for fireworks sales and shall include:
1. The name and address of the licensee.
2. The proposed location where fireworks are to be sold.
3. The name and address of the owner of the premises in which the fireworks will be sold and the legal relationship between the owner and applicant.
4. A sketch of the sales location showing where the fireworks shall be displayed, the proposed amount of fireworks on the premises at any one time and all relevant information regarding fire safety on the premises.
B. A license application may be denied if it presents a possible fire or safety hazard as determined by city staff, will result in violations of this chapter or state law, or the application is incomplete or inaccurate.
C. Upon receipt of a denial to license, the proposed licensee shall have the right to a hearing as set forth in section 3-17-5 of this chapter.
D. The term of the license shall be one year and the license fee shall be one hundred dollars ($100.00), or as updated by subsequent city resolutions. A license fee shall be due upon any renewal. A license renewal may be granted without application unless so required by city staff. Any updated application must accurately depict the then existing conditions of the premises and all relevant fireworks sales information. (Ord. 79, 6-17-2002)
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