Permanent fireworks retailers shall obtain and keep in force a city permanent retail fireworks permit (the "permanent permit") under the following terms and conditions:
(A) Applications for the permanent permit shall be submitted to the Finance Department at least 15 days prior to the applicant's desired effective date for the permit, on a form approved by the city. All applications must include a detailed site plan for the proposed location.
(B) Applicant shall provide proof of registration with the State Fire Marshal in accordance with the applicable provisions of KRS Chapter 227.
(C) The application must be endorsed by the Boone County Planning Commission indicating that the proposed location on the application is zoned appropriately for the conduct of said business.
(D) Applicant shall obtain an occupational license from the city.
(E) Applicant shall provide a certificate of insurance or other valid proof of general liability insurance in an amount of not less than $1,000,000 per occurrence which shall remain in effect at all times while engaged in the permitted activity.
(F) Applicant shall comply with all aspects of applicable provisions of KRS Chapter 227, the International Building Code with Kentucky Amendments (adopted edition), NFPA 1124 (National Fire Protection Association, currently adopted edition) and all other applicable state, federal or local laws or regulations.
(G) Applicant shall not allow any person under 18 years of age to sell consumer fireworks.
(H) Applicant shall not give, offer for sale, or sell any consumer fireworks to any person under 18 years of age.
(I) Applicant shall not offer for sale, expose for sale, or sell consumer fireworks except between the hours of 8:00 a.m. and 10:00 p.m., provided that applicant may be open for business and sell consumer fireworks until 1:00 a.m. each year during the two weeks prior to July 4 (including June 19 through 30 and July 1 through 4); the three days prior to Labor Day; and the three days prior to New Year's Day.
(J) The initially issued permanent permit shall expire 365 calendar days after its effective date, or upon a date on which the applicant no longer qualifies as a permanent fireworks retailer as defined herein. The permanent permit may be renewed for successive 365 calendar day periods so long as the applicant continues to qualify for issuance of the permanent permit. Applications for renewal periods shall be made to the Finance Department on forms approved by the city. The fee for the initial permit period, payable at the time of application, shall be $3,000. The fee for any subsequent permit period, payable at the time of application, shall be $1,000.
(Ord. O-21-11, passed 10-25-11; Am. Ord. O-7-19, passed 3-12-19) Penalty, see § 98.99