The Fire Chief or his designee shall cause an investigation to be made of each application and submit a report of his findings and recommendations for or against the issuance of the permit, together with his reasons therefor, to the Council. The Council shall have the power in its discretion to grant or deny any application subject to such reasonable conditions, if any, as it shall prescribe and subject to the following conditions:
A. Retail sale of fireworks to be permitted from temporary stands only. No sales to be permitted from permanent buildings or structures;
B. Temporary stands need not comply with the requirements of the Building Code of the City; provided, however, that all such stands shall be erected under the supervision of the Fire Chief or his designee. Stands shall be constructed in a safe manner and of such materials as will ensure the safety of the attendants, patrons and other persons. If wired for electricity, the wiring must conform to the Electrical Code of the City;
C. Each stand shall have at least two (2) exits at least thirty inches (30") wide which shall be unobstructed at all times and one additional exit for each twenty five feet (25') of rear wall area in excess of twenty five feet (25'). All doors shall open outward and be free and clear at all times;
D. Each stand shall have at least two (2) 2-A rated, 2.5-gallon, water fire extinguishers approved by the Fire Chief or his designee, located in a readily accessible place;
E. No smoking shall be permitted in or within twenty five feet (25') of a fireworks stand and the premises shall be posted with "no smoking" signs on all four (4) sides of each stand;
F. All flammable weeds, grass and other combustible material shall be cleared from the fireworks stand and for a distance of not less than twenty feet (20') on each side of the stand; no fireworks stand shall be placed where vegetation is present;
G. Fireworks stands shall not be located within twenty five feet (25') of any other building or structure nor within fifty feet (50') of the property line of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored, nor within one hundred feet (100') of fuel dispensing devices;
H. Each fireworks stand shall have an adult supervisor in attendance at all times. No child or children under the age of sixteen (16) years shall be allowed inside any fireworks stand at any time, nor shall any child under the age of sixteen (16) years be allowed to sell fireworks;
I. Fireworks stands shall be located only in those areas within the City where business or commercial activities are authorized;
J. Fireworks shall not be discharged, ignited or exploded within one hundred feet (100') of any fireworks stand, gasoline station, oil storage tank or premises where flammable liquids are kept or stored;
K. No fireworks stand shall have a floor area in excess of seven hundred fifty (750) square feet;
L. All firework products onsite shall be kept within the perimeter of the stand;
M. Offsite storage must meet the requirements of this Code, the International Fire Code, and all other applicable codes; and
N. If merchandise is left in the stand when not open for business, an adult night watchman shall be present at the location and a self-contained living unit or recreational vehicle that includes toilet facilities must be provided for the watchman. No person employed as a watchman shall be permitted to remain inside any stand when it is not open for business. (Ord. 3602, 2018)