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The following words, terms or phrases, when used in this subchapter, shall have the meanings subscribed to them in this section except where the context clearly indicates a different meaning:
"AERIAL" or "AUDIBLE CONSUMER FIREWORKS." Those consumer fireworks described in KRS 227.702(2) and (3) only.
"ANCILLARY FIREWORKS RETAILER." Any person, business entity, association, or corporation of any kind which is open to the public year round and at least 20 calendar days per month, and which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell only those fireworks as described in KRS 227.702(1) and which such sales are ancillary to its primary course of business.
"CONSUMER FIREWORKS." Has the same meaning as in KRS 227.702.
"PERMANENT FIREWORKS RETAILER." Any person, business entity, association, or corporation of any kind which is open to the public year round and at least 20 calendar days per month, and, which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell any consumer fireworks as its primary course of business.
"SEASONAL FIREWORKS RETAILER." Any person, business entity, association, or corporation of any kind which is not considered a permanent fireworks retailer or ancillary fireworks retailer, and which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell any consumer fireworks.
(Ord. O-21-11, passed 10-25-11)
Subject to applicable zoning regulations, federal, state and local law, and the provisions of this subchapter:
(A) Ancillary fireworks retailers shall be permitted to offer for sale, expose for sale, sell at retail or wholesale, or keep with the intent to sell, those fireworks described in KRS 227.702(1) when such sales are ancillary to its primary course of business;
(B) Permanent fireworks retailers shall be permitted to offer for sale, expose for sale, sell at retail or wholesale, or keep with the intent to sell, any consumer fireworks as their primary course of business; and
(C) Seasonal fireworks retailers shall not be allowed to offer for sale, expose for sale, sell at retail or wholesale, or keep with the intent to sell, any fireworks, at any time or place.
(Ord. O-21-11, passed 10-25-11) Penalty, see § 98.99
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
At all locations within the premises of a permanent fireworks retailer where consumer fireworks, as defined in KRS 227.702(2) and (3) are offered for sale, such retailer shall conspicuously post a sign or signs which state as follows:
"Under Kentucky law these fireworks may only be used by persons at least 18 years of age and these fireworks shall not be ignited within 200 feet of any structure, vehicle or any other person. [KRS 227.715(11)]"
(Ord. O-21-11, passed 10-25-11) Penalty, see § 98.99
Ancillary fireworks retailers shall obtain and keep in force a city ancillary retail fireworks permit (the "ancillary permit") under the following terms and conditions:
(A) Applications for the ancillary 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.
(B) Applicant shall possess an occupational license from the city.
(C) 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.
(D) 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.
(E) The initially issued ancillary permit shall expire 365 calendar days after its effective date, or upon a date on which the applicant no longer qualifies as an ancillary fireworks retailer as defined herein. The ancillary permit may be renewed for successive 365 calendar day periods so long as the applicant continues to qualify for issuance of the ancillary 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 $25. The fee for any subsequent permit period, payable at the time of application, shall be $25.
(Ord. O-21-11, passed 10-25-11) Penalty, see § 98.99
Any permit issued under the provisions of this subchapter may be revoked by the City Coordinator upon a showing that the permit holder has violated any of the provisions of this subchapter. Revocation shall be by written notice which describes the reasons for the revocation. The written notice of revocation shall be delivered to the permit holder in person or by regular mail sent to the address listed on the application. If a permit is revoked, and the applicant desires to contest the revocation, a hearing before the City Council may be obtained by filing with the office of the City Coordinator a written request for hearing within 15 days of the issuance of the revocation notice. The hearing before the City Council shall be conducted within 30 days of filing of such request.
(Ord. O-21-11, passed 10-25-11)
NFPA 1 FIRE PREVENTION CODE
Pursuant to KRS 83A.060(5) the NFPA I Fire Code 2018 Edition, as published by the National Fire Protection Association, Inc., and approved as an American National Standard on September 6, 2017, the provisions of which are incorporated herein by reference, be and is hereby adopted as the Fire Prevention Code of the city, except as same is hereinafter amended. A copy of the code shall accompany Ordinance 0-4-22 (passed 4-26-22) and is made a part of the permanent records of the city.
(Ord. O-14-05, passed 7-12-05; Am. Ord. O-9-07, passed 6-26-07; Am. Ord. O-22-14, passed 10-14-14; Am. Ord. O-4-22, passed 4-26-22)
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