(A) Any person, individual, firm, corporation, or other business entity shall be authorized to sell fireworks at wholesale or retail within the corporate limits of the city upon the following terms and conditions.
(1) Any entity shall make application to the Mayor, or authorized personnel of the city, for the issuance of a permit to sell said fireworks, prior to the beginning of the authorized period for sale of fireworks as defined in state statutes.
(a) A person may pick up a permit application at City Hall.
(b) The permit shall not be issued unless the applicant has a valid state permit to sell fireworks issued and approved by the State Police under state law, being A.C. §§ 20-22-707, 20-22-708, and 20-22-710.
(2) Each application shall require a fee in the amount of $500, payable prior to the issuance of said permit. Said application fee shall be payable for each distinct location within the corporate limits of the city. Upon compliance with the conditions hereinabove, the Mayor, or authorized personnel, shall issue said permit and the sale of fireworks will be authorized.
(3) The sale of fireworks shall occur only in a commercially-zoned area and recognize regulated setbacks from the property lines.
(4) The hours of operation for the fireworks stands within the city shall be from 9:00 a.m. until 10:00 p.m., from June 20 through July 6, except July 3 and 4 until the hour of 11:00 p.m. under A.C. §§ 20-22-704 and 20-22-711.
(5) Prior to the opening of the fireworks sale facility, an on-site inspection by the Fire Department must be conducted of the site.
(6) All fireworks stands shall have at least one five-pound ABC fire extinguisher, or as many as the Fire Department inspectors require.
(7) All workers selling, stocking, or handling any fireworks shall be at least 16 years of age. It shall be unlawful to offer for retail sale or sell any fireworks to children under the age of 12, or to any person known to be intoxicated or irresponsible under A.C. § 20-22-712.
(8) All grass surrounding the fireworks stand area shall be closely trimmed. Trash and any other combustible materials shall be removed from the fireworks stand area at all times.
(9) In cases of violation of any of the above-mentioned conditions, or if the Mayor or Fire Chief, or their representatives, deem the fireworks stand to be a danger to the health and safety of the community, the Mayor and/or Fire Chief may exercise the right to close the stand temporarily until the conditions have been complied with, or close the stand permanently, at their discretion.
(B) Any sale, whether wholesale or retail, without possession of said permit, which shall be prominently displayed at the sale location, shall be a violation of this section. Each day for which any violation of this section continues shall be deemed as a separate offense and punished accordingly.
(Ord. 2021-33, passed 9-27-2021) Penalty, see § 94.99