Temporary fireworks stands from which "safe and sane fireworks" are to be sold shall be subject to the following provisions:
(A) Area Requirements:
1. The stand in which the fireworks will be stored or sold shall not be located within one hundred feet (100') of any gasoline station or flammable liquid dispensing device or installation.
2. No stand shall have a floor area in excess of seven hundred fifty (750) square feet.
3. No stand shall be erected at a location where retail sales are not allowed under the zoning ordinances of the city. (Ord. 761, 5-29-1967)
(B) Construction Requirements:
1. All such stands, when built, shall pass the inspection of and shall be approved by the building inspector of the city, and any and all lighting circuits and other electrical equipment located in said stands shall pass the inspection of and shall be approved by the superintendent of power of the city. (Ord. 762, 7-6-1967)
2. The stand shall have exit doors at least thirty inches (30") wide at both ends 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.
3. Each stand shall be provided with a minimum of two (2) 21/2-gallon water type fire extinguishers, in good working order and easily accessible for use in case of fire, which shall be kept in immediate proximity to the location where the fireworks are retailed.
4. No temporary stand shall be erected before June 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) noon of July 26. (Ord. 761, 5-29-1967)
(C) Personnel Requirements:
1. There shall be at least one supervisor, twenty one (21) years of age or older, on duty at all times. All fireworks shall be effectively kept away from any kind of self-service by the public, and shall be placed in a location which is unavailable and inaccessible to members of the public in capacities other than as legal customers. No person under fourteen (14) years of age shall work at or about any stand where "safe and sane fireworks" are sold or offered for sale. (Ord. 1121, 4-19-1999)
2. No person employed as a watchman shall be permitted to remain inside of any stand when it is not open for business.
(D) Additional Requirements:
1. "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.
2. No fireworks shall be discharged in or within twenty five feet (25') of any fireworks stand.
3. No fireworks stand shall remain unattended at any time regardless of whether the fireworks stand is open for business or not. If any fireworks are stored, they shall only be stored at such places as are approved for storage of the fireworks by the city fire chief or his representative.
4. No person shall allow any rubbish to accumulate in or around any fireworks stand or permit a fire nuisance to exist. (Ord. 761, 5-29-1967)
(E) Cash Deposit Required, Removal Of Stands: In those cases where the applicant conducts the sale of fireworks from a temporary fireworks stand, he shall post with the city clerk a cash bond or cash deposit in an amount established by a resolution adopted by the Burley city council or such other security as may be acceptable to the mayor or council conditioned upon the prompt removal of the temporary fireworks stand and the cleaning up of debris from the site of the temporary fireworks stand, which deposit or security shall be returned to the applicant only in the event he removes said temporary fireworks stand and cleans up all debris to the satisfaction of the fire chief and the building department representative of the city, or such other official as the city council or fire chief may designate. In the event of the applicant's failure to so remove the stand and debris, said cash bond or cash deposit shall be forfeited to the city. In no event shall the applicant be entitled to the return of said cash bond or cash deposit if he has failed to remove said temporary fireworks stand and clean up all debris by twelve o'clock (12:00) noon of July 26 of any year. It shall be the legal duty of each permittee to clear such sites and remove all debris therefrom on or before July 26 of the year in which the permit is granted, and failure so to do shall be punishable by a two hundred fifty dollar ($250.00) fine and/or thirty (30) days' confinement in the city jail. (Ord. 1160, 5-7-2002)