5-4-4: APPLICATION AND PERMIT:
   A.   All vendors of fireworks within the city must obtain a local fireworks retail sales permit from the clerk. Each sales location within the city shall have a separate permit.
   B.   A permit may be issued by the city and upon issuance, shall be valid for one year unless revoked as otherwise provided in this chapter. Vendors must present, at the time of application for permit, a copy of a written agreement for use, rent or lease of land intended for the vendor's sales location, unless the vendor is located within a permanent structure. Such written agreements for use, rent or lease of land for use as a fireworks sales location shall be signed by the owner, property manager or tenant having authority to execute such documents.
      1.   Applicants will be accepted up to the first day of any selling period. Vendors and/or businesses shall provide the city with a copy of the state issued license or permit for the sale of fireworks with the application. (Ord. 1060, 6-10-2002)
      2.   Vendors who sell fireworks, except those retail businesses located at permanent locations possessing a current municipal business registration or license, shall pay a nonrefundable application fee of twenty five dollars ($25.00) upon submission of an application. Vendors are also subject to all the provisions contained in title 3, chapter 10, article A, "Transient Merchants", of this code. (Ord. 1060, 6-10-2002; amd. Ord. 1100, 11-8-2004)
      3.   Vendors are responsible for the applicable municipal gross receipts taxes.
      4.   Portable buildings must be set back a reasonable distance from the roadway and shall not obstruct the public right of way. Any tent intended for use as a sales location shall comply with rules adopted by the state fire marshal.
      5.   No fireworks shall be stored, kept, sold or discharged within fifty feet (50') of any gasoline pump or gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaner, paints and oils are handled in sealed containers only.
      6.   At all places where fireworks are stored, sold or displayed, the words "NO SMOKING" shall be posted in letters at least four inches (4") in height. Smoking, open flames and any ignition source are prohibited within twenty five feet (25') of any fireworks stock.
      7.   Original permits must be prominently displayed at each location at all times.
      8.   All fireworks permit holders and licensees shall keep and maintain upon the premises a fire extinguisher bearing an Underwriters Laboratories Incorporated rated capacity of at least five (5) pound ABC per five hundred (500) square feet of space used for fireworks sales or storage. (Ord. 1060, 6-10-2002)
      9.   Permitted seasonal fireworks stands must be attended by the operator twenty four (24) hours a day during their permit period while inventory is on site for public safety concerns. Dry camped trailers, and recreational vehicles may be utilized to occupy the premises to provide the twenty four (24) hour security. The operator is not allowed to sleep within the retail area or where inventory is stored. (Ord. 1100, 11-8-2004)