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The provisions of this article shall not apply to or affect the following persons or sales:
(a) Persons selling goods pursuant to an order or process of a Court of competent jurisdiction.
(b) Persons acting in accordance with their powers and duties as public officials.
(c) Any person selling or advertising for sale an item or items of personal property which are specifically named, or described, in the advertisement and which separate items do not exceed five in number.
(Ord. 3436, passed 5-24-1999; Ord. 3785, passed 12-13-2010)
(a) Any person, association, or corporation conducting any such sale without being properly licensed or who shall violate any of the other terms and regulations of this article, shall be guilty of a municipal civil infraction and upon a finding of responsibility shall be fined in the amount of $100.
(b) Each day that the sale is conducted without license shall be a separate violation.
(Ord. 3436, passed 5-24-1999; Ord. 3785, passed 12-13-2010)
Every section in this article shall be considered severable and in the event that any word, phrase, sentence, or paragraph in this article is declared invalid, unenforceable, or unconstitutional, the declaration shall not affect the remainder of the section or the validity of the article as a whole.
(Ord. 3436, passed 5-24-1999; Ord. 3785, passed 12-13-2010)
ARTICLE XXIX. FIREWORKS
(a) Definitions. For purposes of this section, FIREWORKS shall mean a device made from explosive or flammable compositions used primarily for the purpose of producing a visible display or audible effect, or both, by combustion, deflagration or detonation. FIREWORKS includes Class B fireworks and Class C fireworks.
(b) No person shall sell, offer for sale, or expose for sale any fireworks except in accordance with the provisions of a license issued pursuant to this article.
(c) Any person over 18 years of age may apply to the City Clerk for a license for the retail sale of fireworks at a specified location. To be considered complete, the application for a license must include:
(1) A nonrefundable licensing fee of $300. This fee shall be increased from time-to-time by resolution of the City Council, kept on file by the City Clerk and listed in Appendix A of the City Code; and
(2) A certificate of insurance in an amount to be determined by the City Clerk, for premises, vehicle, and product liability. The City of Flint Clerk’s office shall be listed on the insurance as certificate holder; and
(3) The payment of a cash bond in the amount of $300. The required cash bond shall be increased from time-to-time by resolution of the City Council, kept on file by the City Clerk and listed in Appendix A of the City Code. The bond shall be returned upon the closing of the establishment unless bond revocation is deemed appropriate by the City Clerk. Grounds for bond revocation include, but are not limited to:
a. Failure to properly restore and clean the premises and immediate surrounding area to its pre-business condition; or
b. The violation of any provision of this Code as it relates to the sale, use, or possession of fireworks; or
c. The violation of any provision of this Code, State law, or Federal law committed during the course of operating the business.
(4) Identification of the premises where fireworks are to be sold, the location of the premises where fireworks are to be sold, the owner of the premises, the premise owner’s written permission to sell fireworks at the location, the location of the premises where the fireworks are to be stored, the operator of any business located on the premises, and the person or persons who will sell the fireworks.
(d) The City Clerk shall cause the proposed premises to be inspected by the Fire Marshal of the Fire Department or other authorized officials to determine whether it is a safe place to store and sell fireworks. The City Clerk may also conduct an investigation of the applicant, and the owner and operator of the premises to determine whether any grounds exist for license denial. The application shall also be referred to the Police Department for fingerprinting and/or investigation of the applicant.
(e) A complete application shall be filed with the City Clerk no later than June 20, 2001 and by May 31 of every year thereafter, in order to engage in the retail fireworks business for the following June and July. The City Clerk shall grant or deny any application for a license under this section within 45 days of the date a complete application is submitted.
(f) A license issued pursuant to this article may contain reasonable record keeping requirements and such other conditions as the City Clerk shall determine are appropriate for the health, safety and welfare of the people of the City. Violations of any condition or of any ordinance, State law, or Federal law may itself be grounds for revocation or denial of a license and/or for the imposition of penalties. Violation of any condition or ordinance or State or Federal law may serve as a basis for denial of a license in subsequent years.
(g) Pounds by gross weight stored at the premises shall be in compliance with MCLA § 750.243d; MSA § 28.440(4).
(h) A license issued pursuant to this article must be prominently displayed within the premises.
(i) The license year shall be May 1 through July 31 of each calendar year.
(j) The license is not transferable to any individual, partnership, corporation, or firm.
(k) Fireworks can only be sold in areas zoned for sale consistent with Chapter 50.
(l) The premises of any licensed retail dealer is subject to inspection during normal business hours without notice or probable cause by officials of the Fire, Police and City Clerk’s office to ensure compliance with this Code.
(1) Any person who shall possess, use, sell, transport or offer for sale, fireworks in violation of this Code or in violation of a permit or license issued pursuant to this Code shall be subject to a fine not to exceed $500 per day of violation and imprisonment not to exceed 90 days (or such other maximum penalties as may be specified in the City Code consistent with the Michigan Home Rule Cities Act). Nothing in this article shall preclude additional penalties for violations of the Michigan Fireworks Act that are also violations of this article.
(2) Any member of the Police Department or Fire Marshal may confiscate any fireworks found within the City in violation of Federal or State law, or in violation of the City Code (including any quantity of otherwise lawful fireworks in excess of ten pounds gross weight or 100 pounds gross weight in the case of a licensed retail dealer).
(Ord. 3473, passed 5-29-2001; Ord. 3784, passed 12-13-2010)
Cross-reference:
Zoning ordinances, see Ch. 50
Statutory reference:
Home Rule City Act, Public Act 279 of 1909, as amended, see MCLA 117.1 et seq.
Public Act 328 of 1931, as amended, see MCLA 750.243d