a. No person, firm, partnership, corporation or other business entity not classified as an ancillary fireworks retailer shall offer for sale, expose for sale, sell at retail or keep with the intent to sell any fireworks, including consumer fireworks, without a permit approved by the City of Bowling Green Fire Chief or his designee. The permit application shall include the name, address and phone number of the applicant, the address or addresses of the proposed sale site and any other information deemed necessary by the Fire Chief. Separate permits shall be issued for each proposed fireworks sale site of the applicant. No permit shall be granted without the approval of the State Fire Marshal if applicable. Permits shall not be required for ancillary fireworks retailers.
b. All permit applications shall be submitted a minimum of fifteen (15) days prior to the proposed sale of fireworks, including consumer fireworks. Each seasonal fireworks retailer and permanent fireworks retailer permit shall be valid for one year and may be renewed annually for the same location.
c. Ancillary fireworks retailers may only sell consumer fireworks as defined in KRS 227.702(1). Ancillary fireworks retailers are not subject to the remaining provisions of this Subchapter.
d. The sale of fireworks, including consumer fireworks, by permanent fireworks retailers and seasonal fireworks retailers is subject to the provisions of KRS Chapter 227 and NFPA 1124 (current edition) except as set out hereinbelow:
1. The sale of consumer fireworks as defined in KRS 227.702(1) shall be allowed in multiple-tenant buildings and in stand alone structures. All permitted structures shall have a minimum of seventy-five (75) feet separation from adjacent gas pumps.
2. The sale of consumer fireworks as defined in KRS 227.702(1) shall comply with applicable City building and fire regulations, zoning regulations, sign regulations and business registration regulations and a copy of the City’s business registration form shall be submitted with the permit application.
3. The sale of consumer fireworks as defined in KRS 227.702(2) and (3) shall not be allowed in multiple-tenant buildings and all such sales shall be in stand alone structures. All such stand alone structures shall have a minimum of fifty (50) feet separation from adjacent buildings and structures and seventy-five (75) feet separation from any fuel pumps.
4. The sale of consumer fireworks as defined in KRS 227.702(2) and (3) shall comply with applicable City building and fire regulations, zoning regulations, sign regulations and business registration regulations, and a zoning verification letter and a copy of the City’s business registration form shall be submitted with the permit application. The application shall also include a site plan showing the size of the lot, the location of the stand alone structure, the setback of the structure from the right-of-way, locations of adjacent structures, including fuel outlets and other fireworks retail locations, and other information that may be required by the Fire Chief or his designee. Applicants for fireworks sales permits shall provide a copy of a deed to the property or a written lease or similar document from the owner or authorized agent of the owner of the property granting permission or consent for the applicant to sell fireworks at that location.
5. Any language in NFPA 1124 establishing a size exemption for the applicability of NFPA 1124 is hereby repealed and all sales of fireworks, including consumer fireworks, shall be subject to the provisions of this Subchapter.
e. No fireworks, including consumer fireworks, may be given to, offered for sale or sold to any person under the age of eighteen (18) and no person under the age of eighteen (18) shall sell fireworks, including consumer fireworks, unless the individual is supervised by a parent or guardian.
f. Any person or business entity applying for a permit to sell consumer fireworks as defined in KRS 227.702(2) and (3) shall provide proof of general liability insurance in an amount of not less than one million ($1,000,000) dollars per occurrence for bodily injury liability, property damage liability or both combined.
g. Any permit issued for the sale of fireworks, including consumer fireworks, shall be prominently displayed at each location where the fireworks are sold.
h. Appropriate City fire inspectors, building inspectors, code enforcement inspectors and police officers shall be authorized to inspect the permitted site without notice and without consent during the reasonable operating hours of the permittee.
i. Persons may use, ignite, fire or explode those fireworks authorized by KRS Chapter 227 and this Subchapter in the City. Fireworks, including consumer fireworks, may only be used between the hours of noon and 10:00 p.m. on June 27th through July 3rd and on July 5th and between the hours of noon and 11:00 p.m. on July 4th of any year. Any person wishing to use, ignite, fire or explode those fireworks authorized by KRS Chapter 227 and this Subchapter in the City on any other days shall obtain a permit from the City Fire Chief or his designee with the issuance of the permit conditioned on the applicant complying with all applicable state and local laws, rules and regulations. The permit application shall be filed no later than fifteen days prior to the proposed use of the fireworks and shall be on a form provided by the City. The permit, if granted, shall be valid for a four (4) hour period on the permitted date between the hours of noon and 9:00 p.m. Consumer fireworks, as defined in KRS 227.702(2) and (3) may only be used by individuals at least eighteen (18) years of age and shall not be ignited within two hundred (200) feet of any structure, vehicle or any other person. Fireworks, including consumer fireworks, shall not be ignited or discharged from a motor vehicle and shall not be ignited or discharged on property of another without the consent of the owner or occupant or on public property.
(Ord. BG2011-21, 6/14/2011; Ord. BG2011-36, 8/16/2011; BG2011-51, 12/20/2011; Ord. BG2013-25, 8/20/2013)