A. Permit Required: No person, without having a valid safe and sane fireworks permit issued pursuant to the terms and conditions set forth in this chapter, shall import, export, possess for the purpose of sale, offer for sale, or sell any safe and sane fireworks for any use or purpose.
B. Application For Permit; Fee: Any person desiring to sell safe and sane fireworks shall make application to the city clerk for a safe and sane fireworks permit on or before June 1, of the calendar year for which the permit is sought to be used. 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 safe and sane fireworks permit is issued by the city, the city clerk shall refund the application fee. Each applicant for a permit shall file his application with the city clerk, such application to show the following information:
1. Name and address of applicant;
2. The purpose for which the applicant is primarily existing and for which it was organized;
3. The names and addresses of the officers, if any, of the applicant;
4. The location where the applicant will sell fireworks;
5. When and where the applicant was organized and established, or if a natural person, the applicant's age;
6. The 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 retailer proposes to purchase fireworks for resale;
8. The applicant's state sales tax permit number;
9. The manner, method and times, when and how the applicant proposes to sell safe and sane fireworks;
10. Such other information as the city clerk may require in order that a proper investigation may be made.
C. Sales; Restrictions:
1. Sale Of Safe And Sane Fireworks: A safe and sane fireworks permit, issued pursuant to this chapter, authorizes only the sale at retail of safe and sane fireworks by the applicant at the location of the premises designated in the permit.
2. Limitations On Sale Of Safe And Sane Fireworks: A permit issued pursuant to this chapter shall authorize sale of fireworks only from the hour of ten o'clock (10:00) A.M. on June 25 to twelve o'clock (12:00) midnight on July 4 of the year issued. A separate permit must be obtained for each location of sale. No permit is transferable, assignable or renewable.
D. Temporary Fireworks Stands: All retail sales of safe and sane fireworks shall only be permitted to be made from a temporary fireworks stand and shall be subject to the following provisions:
1. No temporary fireworks stand shall be located within twenty five feet (25') of any other building, nor within one hundred feet (100') of the premises occupied by any gasoline station, or any place where petroleum products are stored;
2. All lighting circuits and other electrical equipment shall meet the requirements of the electrical provisions of this code;
3. No stand shall have a floor area in excess of seven hundred fifty (750) square feet;
4. Stands shall have an exit door at least thirty inches (30") wide at either end of the structure and one additional door for each twenty five feet (25') of rear wall in excess of twenty five feet (25'). All doors shall open outward from the stand and all doorways shall be kept free and clear from all supplies and materials at all times;
5. Each stand shall be equipped with at least two (2) fire extinguishers in usable condition with current inspection tags attached. One of the extinguishers shall be of a "dry chem" type, of at least ten (10) pound size, with a minimum fire extinguishing rating of 2A.10BC. One of the extinguishers shall be a "pressurized water" two and one-half (21/2) gallon size. Fire extinguishers shall be mounted near the exit doors;
6. There shall be at least one supervisor, twenty one (21) years of age or older, on duty at all times. No person under eighteen (18) years of age shall be allowed inside the stand at any time, nor shall any person under eighteen (18) years of age work at or about the premises where safe and sane fireworks are sold or offered for sale;
7. No person employed as a watchman shall be permitted to remain inside of any stand when it is not open for business;
8. "No Smoking" signs shall be prominently displayed, both inside and outside the stand. No smoking shall be permitted within the stand, or within twenty five feet (25') of the stand;
9. No stand shall be erected before June 10 of any year. The premises on which the stand is erected shall be cleared of all structures and debris, not later than twelve o'clock (12:00) midnight of July 6 next following issuance of the permit;
10. No person shall allow any rubbish to accumulate in or around any fireworks stand or permit a fire nuisance to exist;
11. If any fireworks are stored, they shall only be stored at such places as are approved for storage of fireworks by the fire chief. (2003 Code § 3-03-02)