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The following words and terms, when used in this Division Y, shall have the following meanings unless the context clearly indicates otherwise.
ADULT. A
18 years of age or older.
BUSINESS. The business of selling, storing or displaying any form of .
CONSUMER FIREWORKS SALES FACILITY. A retail facility dealing exclusively with pyrotechnic or related devices and novelties.
GENERAL MERCHANDISING SALES FACILITY. A retail facility having stock and trade that includes non-pyrotechnic merchandise.
ISSUING AUTHORITY. The City of Bloomington License Section.
LICENSED PREMISES. The premises described in the approved license application and approved site plan for the sale, display and storage of .
LICENSEE. The
to whom a license is issued under this Division Y, including any agents or employees of the
.
MOVABLE PLACE OF BUSINESS. A whose physical location is not permanent or is capable of readily being moved or changed, including, without limitation, commercial transactions conducted in whole or in part from motorized vehicles, non-permanent stands, mobile sales kiosks, trailers, tents or carts.
PERMITTED CONSUMER FIREWORKS. Those non-explosive, non-aerial pyrotechnic entertainment devices containing only the limited amounts of pyrotechnic chemical compositions permitted by M.S. § 624.20, subd. 1(c), as it may be amended from time to time.
PERSON. One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization.
TRANSIENT MERCHANT. Any
who engages in or transacts any temporary and transient in the city, either in one locality or in traveling from place to place in the city selling merchandise and who, for the purpose of carrying on such , hires, leases, occupies or uses a building, stand, tent, trailer, cart, structure, vacant lot or motor vehicle for the exhibition and sale of such merchandise.
(Ord. 93-20, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2002-20, passed 6-3-2002; amended by Ord. 2003-41, passed 8-18-2003)
No
shall keep for retail sale or wholesale distribution, sell at retail or wholesale, or otherwise supply or furnish as part of a commercial transaction any
without first having obtained a current license hereunder, paid the required license fee and conspicuously posted the license on the
. Issuance of a license under this Division Y shall not relieve the
from obtaining any other licenses required by the city code, state law or federal law to conduct this or other
at the same or any other location.
(Ord. 93-20, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2002-20, passed 6-3-2002)
(a) The annual license fee shall be as set forth in City Code Appendix A. The license fee shall cover the administrative and enforcement costs, including the conduct of unannounced compliance checks, inspections by the Fire Marshal, inspections by the Police Department, as well as sampling and testing of the merchandise to ascertain chemical content. Full payment of the required license fee shall accompany the application.
(b) When the license is for premises not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be 90 days after approval of the license or upon the date the building is ready for occupancy, whichever is sooner.
(c) When a new license application is submitted as a result of incorporation by an existing
and the ownership, control and interest in the license are unchanged, no additional fee shall be required.
(d) A separate fee and license shall be required for each separate, non-contiguous
, even if owned and operated by the same
. The annual license shall be effective for one year from the date of approval. An application for the renewal of an existing license shall be made prior to the expiration date of the license and shall be made in such form as the
requires.
(Ord. 93-20, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2002-20, passed 6-3-2002; Ord. 2021-39, passed 11-29-2021)
No license shall be issued for the sale of
at a
, including, without limitation, mobile sales made from motorized vehicles, mobile sales kiosks, non-permanent stands or trailers. No license shall be issued hereunder to
or as a seasonal or temporary sale’s license.
(Ord. 93-20, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2002-20, passed 6-3-2002)
An application for a license under this Division Y shall be made on a form supplied by the
and shall contain the following information:
(1) Whether the applicant is a natural
, corporation, partnership or any other
association or organization;
(2) The applicant’s full legal name, mailing address and telephone number;
(3) The street address or legal description of the premises to be licensed;
(4) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid;
(5) Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the City Building and Inspection Division, no plans need be submitted with the
;
(6) If the applicant does not own the
premises, a true and correct copy of the current, executed lease, as well as, the written authorization of the property owner for the applicant’s use of the property for the sale of
;
(7) The applicant’s hours of operation, on-site management and parking facilities;
(8) A detailed site plan illustrating and describing the proposed sales and storage areas covered by the license;
(9) The full name, mailing address and telephone number of the
in charge of the
; and
(10) Such other information as the City Council or
may require.
(Ord. 93-20, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2002-20, passed 6-3-2002)
All
must have at all times a valid certificate of insurance issued by an insurance company licensed to do
in the state evidencing that the applicant’s use of the property is currently covered by a liability insurance policy. The minimum limits of coverage for such insurance shall be:
(a) Each claim, at least $200,000; and
(b) Each incident, at least $500,000.
Such insurance shall be kept in force during the term of the license and the
must provide for prior notification to the city should the policy be terminated or canceled. A certificate of insurance must accompany all initial and renewal license applications.
(Ord. 93-20, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2002-20, passed 6-3-2002)
(a) Verification. Applications for a license under this Division Y shall be submitted to the
who shall verify the information on the application form. The
is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver’s license history inquiry on the applicant.
(b) Consideration. After verifying the information contained on the license application, the
shall then route the application to the City Fire Prevention Division which shall review the site plan and determine if the manner of storage, display or sales area of the
constitutes a fire or safety hazard. In assessing the potential hazard, reference shall be made to all applicable state and federal laws, rules and regulations, as well as the administrative standards for the storage, display and sales of
established by the Fire Marshal including the most recent National Fire Protection Association Standard as adopted by the State of Minnesota. If the Fire Prevention Division finds no such hazard with the proposed site plan, the
shall grant the license in accordance with this Division Y. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the
until a certificate of occupancy has been issued for the
.
(c) Denial of application. If the application is denied, the
shall notify the applicant of that determination in writing. The notice shall be mailed by regular mail to the applicant at the address provided in the application and it shall inform the applicant of the applicant’s right, within 20 days after the date of the notice to request an appeal of the denial to the City Council. If an appeal to the City Council is timely received by the
, the hearing before the City Council shall take place within a reasonable period thereafter.
(Ord. 93-20, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2002-20, passed 6-3-2002; amended by Ord. 2003-41, passed 8-18-2003; Ord. 2008-15, passed 5-5-2008)
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