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ARTICLE VII. SALES AND USE OF FIREWORKS
§ 54.600 DEFINITIONS
   (A)   “FIREWORKS.” Shall have the same meaning as is set forth in KRS 227.700.
   (B)   “CONSUMER FIREWORKS.” Shall have the same meaning as is set forth in KRS 227.702.
   (C)   “NOVELTIES AND TRICK NOISEMAKERS.” Shall have the same meaning as is set forth in KRS 227.704.
   (D)   “DISPLAY FIREWORKS.” Shall have the same meaning as is set forth in KRS 227.706.
   (E)   “PERMANENT FIREWORKS RETAILER.” Any person, business entity, association, or corporation of any kind which is open to the public year round and at least 15 calendar days per month and which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell any fireworks as that term is herein defined as its principal or primary course of business.
   (F)   “SEASONAL FIREWORKS RETAILER.” Any person, business entity, association, or corporation of any kind which is not considered a permanent fireworks retailer, and which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell any fireworks as that term is herein defined.
   (G)   “ANCILLARY FIREWORKS RETAILER.” Any person, business entity, association, or corporation of any kind which is open to the public year round and at least fifteen calendar days per month and which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell any fireworks as that term is herein defined and which such sales are ancillary to its primary course of business.
(Ord. No. 11-13, § 1, 6-4-13)
§ 54.601 PERMITS
   In order to operate lawfully in the City of Berea, all seasonal fireworks retailers and permanent fireworks retailers shall:
   (A)   Submit an application for a “retail fireworks permit” to be issued by the Chief of the City of Berea Fire Department, at least twenty (20) days prior to the applicant’s desired effective date for the retail fireworks permit, on a form approved by the Chief which shall, in addition to any requirements established by the Chief, at a minimum require the submission of the name, phone number, and permanent address of the applicant. In the event that the applicant desires to operate multiple locations, a separate application shall be submitted for each location. All applications shall also include a detailed site plan for the proposed location, the address of the proposed location, and contact information for the owner of the proposed location if other than the applicant;
   (B)   Provide proof of registration with the state fire marshal in accordance with the applicable provisions of KRS Chapter 227;
   (C)   Obtain the appropriate occupational business license from the City Department of Finance;
   (D)   Provide a copy of a certificate of insurance or other valid proof of general liability insurance in an amount of not less than one million dollars ($1,000,000.00) per occurrence which shall remain in effect at ail times while engaged in the permitted activity;
   (E)   Pay a retail fireworks permit fee as follows in accordance with the following specifications. In the event that an applicant wishes to operate more than one geographical location with the city, each location must have a separate permit and pay a separate retail fireworks permit fee:
      (1)   Seasonal fireworks retailer (permit expires thirty (30) days after effective date): $500.00;
      (2)   Permanent fireworks retailer (permit expires 365 days after the effective date): $1,000.00;
      (3)   Permanent fireworks retailer (renewal) (permit expires 365 days after the effective date: $500.00;
   (F)   Prominently display a valid retail fireworks permit at each location and at all times during the hours of operation;
   (G)   Comply with all applicable provisions of KRS Chapter 227, the International Building Code as adopted by the City, NFPA 1124, and the Code of Ordinances for the City of Berea, Kentucky;
   (H)   Not allow any person under eighteen (18) years of age to sell fireworks; and
   (I)   Not give, offer for sale, or sell any fireworks to any person under eighteen (18) years of age.
(Ord. No. 11-13, § 1, 6-4-13)
§ 54.602 BUSINESS SITE; SALE OF CERTAIN TYPES OF FIREWORKS
   (A)   The premises of a permanent fireworks retailer shall be in a B-4 zoning district within the city only. The premises of a seasonal fireworks retailer shall be in a B-2 or B-4 zoning district within the city only and at such location within such zoning district as the Chief of the City of Berea Fire Department shall determine and approve consistent with public safety.
   (B)   A seasonal, permanent, or ancillary fireworks retailer may offer for sale, expose for sale, sell at retail or wholesale, or keep with intent to sell only consumer fireworks or novelties and trick noisemakers.
(Ord. No. 11-13, § 1, 6-4-13)
§ 54.603 USE OF FIREWORKS
   (A)   Display fireworks. Display fireworks shall not be used, ignited, fixed, or exploded in the city without a permit signed by the Mayor and by the Chief of the Fire Department. A permit may be granted for supervised public displays of display fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals. Each such display shall be handled by a competent display operator to be approved by the Fire Chief and shall be of such character, and so located, discharged, or fired as in the opinion of the Chief, after proper inspection, as not to be hazardous to property or endanger any person. The competent display operator shall have a Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) license. At least one competent display operator shall be on site during display set-up and firing, and the ATF license and city permit shall be on site and presented upon demand of any city law enforcement or fire department officer or official. The display shall comply in all other respects with the requirements of KRS 227.710.
   (B)   Consumer fireworks. Consumer fireworks shall not be used, ignited, fired, or exploded in the City except as follows:
      (1)   Consumer fireworks must be handled, stored, used, possessed, and sold in accordance with all applicable federal, state, and local law and ordinance.
      (2)   Consumer fireworks may only be used, ignited, fired, or exploded between the hours of 10:00 a.m. and 9:00 p.m. except on the following dates, when the applicable ending hour shall be 12:00 a.m. (midnight):
         (a)   December 31;
         (b)   July 3;
         (c)   July 4;
         (d)   Memorial Day holiday; and
         (e)   The date specifically named or designated by the City Council as the date to celebrate Independence Day, if other than the actual date of July 4th.
      (3)   No person under the age of eighteen (18) years of age may use, ignite, fire, or explode any consumer fireworks.
      (4)   No person may use, ignite, fire, or explode any consumer fireworks within 200 feet of any structure.
(Ord. No. 11-13, § 1, 6-4-13) Penalty, see § 54.699
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