A. Permit Required: No person shall have in his possession or under his control, or sell, buy, dispense, keep or store or permit the keeping, storing or dispensing of any dangerous, agricultural or wildlife fireworks, unless he shall have a valid fireworks permit issued by the city, giving him such right.
B. Application For Permit; Fee: Any person desiring to sell or buy dangerous, agricultural or wildlife fireworks, shall make application for such a permit to the city clerk. Each applicant shall pay to the city clerk a fee in the amount specified in section 3-4-1 of this code. In the event no such application is granted by the city, the fee shall be refunded. Each applicant for such a permit shall provide the following information:
1. Name and address of the applicant;
2. Purpose for which the applicant is primarily existing and for which it was organized;
3. Names and addresses of the officers, if any, of the applicant;
4. Location where the applicant will sell or use such fireworks and the location of any fireworks stored at another site;
5. Name under which applicant does business;
6. Location of the applicant's principal and permanent place or places of business;
7. Name and address of any wholesaler or distributor from whom the applicant proposes to purchase fireworks for resale;
8. Applicant's state sales tax permit number;
9. Statement to the effect that the applicant is acquainted with the state fireworks law and the provisions of this code controlling the sale and purchase of dangerous, agricultural and wildlife fireworks;
10. Statement under oath that fireworks sold under such permit, if granted, will be sold only to persons holding valid permits to purchase fireworks;
11. Such other information as the city clerk may require in order that a proper investigation may be made relative to the issuance of such a permit.
C. Permit To Sell Required: No retailer of fireworks in the city shall import, export, possess for the purpose of sale, offer for sale, or sell any dangerous, agricultural or wildlife fireworks to any person, or give any such fireworks to any person, unless the person to whom such transfer of possession is made has a permit from the city, which permit authorizes the transferee to purchase and use such fireworks in a public display as authorized by the terms of said permit, or purchase and use such fireworks for agricultural or wildlife purposes as described in said permit, and such permit shall specify the type and quantity of fireworks which may be purchased under said permit, and no retailer, wholesaler or distributor shall sell, offer to sell, or transfer possession to such permittee of more fireworks than such permit holder is allowed to purchase according to the terms of such permit. A violation of the terms of this provision shall constitute a violation of the chapter and in addition to the penalty prescribed hereunder, the permit of the retailer and purchaser shall both be canceled, and no permit for the sale of fireworks for any such purpose, or permit to purchase any fireworks for any such purpose, shall thereafter be granted to either the retailer or the purchaser until the lapse of at least five (5) years from the date of such cancellation.
D. Prohibited Acts And Activities:
1. No person without having a valid dangerous, agricultural or wildlife fireworks permit issued pursuant to this chapter shall do any of the following:
a. Import, export, possess for the purpose of sale, offer for sale, buy or sell any dangerous, agricultural or wildlife fireworks for any use or purpose whatsoever;
b. Make a public display of fireworks at any place;
c. Transport fireworks, except as provided for in the state fireworks law, this chapter and the laws of the United States Of America.
2. No retailer, wholesaler or distributor of dangerous, agricultural or wildlife fireworks, whether or not he has a permit from the city to sell the same, offer the same for sale, or otherwise dispose of the same, shall publicly display the same for sale, but said fireworks shall be kept in a separate enclosure not available to the general public, and such fireworks shall be exhibited only to a permit holder, and no sale or offer to sell shall be made to any permit holder in excess of the amount of fireworks the permittee is entitled to purchase under his permit.
E. Records Maintained: Any person securing a permit to sell dangerous, agricultural or wildlife fireworks, shall maintain for inspection by the fire chief all invoices relating to the purchase of the same made by such retailer permittee and, in addition, shall keep a book of entry to be signed by the purchaser of such fireworks, which book shall contain the following information:
1. Name of the purchaser;
2. City fireworks permit number of the purchaser;
3. Date of purchase;
4. Amount of fireworks purchased, describing in full detail the quantity sold to the buyer permittee, and type of fireworks purchased;
5. Line for signature by the purchaser of such fireworks acknowledging the purchase by him of such fireworks under such permit number, on such date, and in such amount. (2003 Code § 3-03-02)