(A) (1) It shall be unlawful for any person to sell, hold for sale or offer for sale as distributor, jobber or retailer any fireworks unless such person has first obtained a license as a distributor, jobber or retailer. Application for each such license shall be made to the state’s Fire Marshal on forms prescribed by him or her. If the applicant is an individual, each application shall include the applicant’s Social Security number. Each application shall be accompanied by the required fee, which shall be $500 for a distributor’s license, $200 for a jobber’s license and $100 for a retailer’s license. All licenses shall be good only for the calendar year in which issued and shall at all times be displayed at the place of business of the holder thereof.
(2) Before any permissible fireworks may be sold, held for sale or offered for sale in the state, they shall first be submitted to the state’s Fire Marshal for examination to determine their compliance with Neb. RS 28-1241(7) and their safety for general use. Fireworks not specifically listed therein may be added to the list of permissible fireworks by the state’s Fire Marshal, by rule or regulation, after having been submitted to him or her and tested to determine their safety for general use.
(3) Consumer fireworks, as defined in § 93.01 of this chapter, may be sold at retail only on those dates of each year when the sale of such fireworks is permitted by Neb. RS 28-1249 and by regulations of the state’s Fire Marshal.
(1976 Code, § 10-704)
(B) (1) It shall be unlawful to sell any fireworks within the city unless a license is first obtained from the governing body. Application shall be filed with the Municipal Clerk upon forms supplied by the municipality, which forms may request such information and documents as the governing body may deem necessary to consider said application. No license shall be granted without the following provisions.
(a) No fireworks vendor’s stands, tables, displays or signs shall be permitted in any residentially zoned district.
(b) No fireworks vendor’s stands, tables, displays or signs shall protrude past the lot line of the property upon which the display is primarily located, nor shall any fireworks vendor’s stands, tables, displays or signs protrude into any public way, including, but not limited to, sidewalks.
(c) All structures, vehicles, stands, tables, displays or signs used for or relating to the sale of fireworks shall be completely removed from public view on any property within the city, prior to July 10 of each year.
(d) The license fee for engaging in the sale of display of fireworks within the city shall be $100 annually for each location wherein such activity is conducted.
(2) Upon the determination to grant the license, the governing body shall direct the Municipal Clerk to collect the appropriate fee and issue said license. Any license so issued may be revoked at any time by the governing body upon proper notice and hearing if one is requested by the licensee.
(1976 Code, § 10-705)
(Ord. 1273, passed 11-22-1999; Ord. 1294, passed 8-20-2001) Penalty, see § 93.99
Statutory reference:
Related provisions, see Neb. RS 17-137