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§ 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
§ 54.604 REVOCATION OR SUSPENSION OF PERMIT
   The Fire Chief may suspend the retail fireworks permit for any site which is in violation of this article or of KRS Chapter 227.
(Ord. No. 11-13, § 1, 6-4-13)
§ 54.605 ANCILLARY FIREWORKS RETAILERS
   An ancillary fireworks retailer shall:
   (A)   Comply with all aspects of the applicable provisions of KRS Chapter 227, the International Building Code as adopted by the city and as amended from time to time, and the Code of Ordinances, City of Berea, Kentucky;
   (B)   Not give, offer for sale, or sell any consumer fireworks to any person under eighteen (18) years of age;
   (C)   Not offer for sale, expose for sale, sell at retail or wholesale, or keep with intent to sell any fireworks other than consumer fireworks or novelties and trick noisemakers;
   (D)   Possess the appropriate city occupational business license; and
   (E)   Maintain general liability insurance and be able to provide proof thereof in an amount not less than $1,000,000 per occurrence.
(Ord. No. 11-13, § 1, 6-4-13) Penalty, see § 54.699
§ 54.699 PENALTY
   (A)   Any person convicted of a violation of § 54.603(B)(1) through (4), inclusive, shall be guilty of a misdemeanor and subject to a fine of not less than $50.00 nor more than $500.00.
   (B)   Any person convicted of violating any other provision of this article shall be guilty of a misdemeanor and subject to a fine of not less than $50.00 nor more than $500.00 or to imprisonment for a period not to exceed thirty (30) days. Each day a violation occurs shall constitute a separate offense. In addition to the penalties here set forth, the occupational business license of the offender shall immediately be revoked and business operations of the offender, or his or her employer, shall thereupon immediately cease.
(Ord. No. 11-13, § 1, 6-4-13)