A. Dangerous Fireworks Display Permit: Any person over twenty one (21) years of age, in reasonable pursuit or furtherance of any legitimate personal, business or charitable purpose desiring to make a public display of dangerous fireworks shall first make written application to the fire chief for a dangerous fireworks display permit. Each applicant for such permit shall pay to the city a permit fee of one hundred twenty five dollars ($125.00) and a per site inspection fee of twenty five dollars ($25.00) at the time he files his application. This fee is nonrefundable and is to defray the costs of processing and investigation required under this chapter.
B. Safe And Sane Fireworks Sale Permit: Any person over twenty one (21) years of age, in reasonable pursuit or furtherance of any legitimate personal, business or charitable purpose, desiring to engage in the sale of safe and sane fireworks within the city shall first make written application to the fire chief for a safe and sane fireworks sales permit. Each applicant shall pay to the fire chief a fee of twenty five dollars ($25.00) and an inspection fee of twenty five dollars ($25.00) at the time he files his application. This fee is nonrefundable and is to defray costs of the processing and investigation required under this chapter.
C. Form Of Application: Each applicant for a safe and sane fireworks sale permit or a dangerous fireworks display permit shall file his application with the fire chief. Each application shall show the following:
1. Full name and residential address of applicant;
2. Whether or not the applicant is a private profitmaking corporation, a private nonprofit corporation, a sole proprietorship, or a partnership;
3. The names, and addresses of the officers, trustees and/or directors, if any, of the applicant;
4. The location where the applicant requests permission to sell safe and sane fireworks, or display dangerous fireworks, together with a legal description of the property and proof of ownership or right of use;
5. Date of incorporation or date partnership was established, or the applicant's age, if a sole proprietorship;
6. The location of the applicant's principal and permanent meeting place or places, or principal place or places of business;
7. The applicant's state sales tax permit number;
8. If the applicant is an entity other than a sole proprietorship, the name and general description of the business activities of each parent or subsidiary company, business or entity, and a general description of the ownership organization of each parent or subsidiary, if any;
9. A complete and accurate list of each type of fireworks that will be imported, exported, offered for sale, possessed, used, kept or stored, including a description of the particular characteristics of each firework. Should there be any fireworks identified on the list with characteristics unknown to the fire officials responsible for issuing the permit, four (4) to six (6) samples of each firework in question will be supplied, free of charge, to the fire officials not less than seven (7) days prior to the issuance of the permit for testing purposes. The fire chief reserves the right to prohibit the sale of fireworks that do not meet established criteria;
10. Such other information as the fire chief may require on a standard form submitted by all applicants and which is reasonably necessary to protect the public health, safety and welfare;
11. A certificate of insurance as called for in section 5.24.090 of this chapter shall be attached to the application;
12. A cleanup security deposit.
D. Preinstallation Investigation: The fire chief, upon receipt of an application for either a safe and sane fireworks permit or a dangerous fireworks display permit, shall assign an application permit number. The fire chief, or his designated representative, shall arrange a mutually convenient time to review the application and the proposed location. If the application is for a safe and sane fireworks sales permit, the fire chief shall ascertain that the proposed location is in an area zoned business. The fire chief will prepare a recommendation for approval, approval with conditions or disapproval of the application. Factors to be considered in the report include compatibility with the building code and/or fire code, compatibility with the requirements and standards of this chapter, and the character or repute of the applicant. This report shall be forwarded to the city council for their approval, conditional approval or denial of the application.
E. Installation Inspection: Safe and sane fireworks sales permits shall not be valid unless and until the fire chief, or his designated representative, has approved such permit after visiting the site and verifying that the installation meets the requirements of this chapter and the permit. This site visit must take place after the temporary fireworks stand is in place, but before sales commence. It shall be the responsibility of the applicant to arrange for a mutually acceptable time for this inspection.
F. Terms Of Permit: A safe and sane fireworks sales permit or dangerous fireworks display permit, issued pursuant to this chapter, shall be valid, if the application is complete and in compliance with applicable law, for twelve (12) months from the date of issuance.
G. Posting Of Permit: A permit shall be valid only for the specific premises or location designated in the permit and must be posted on the temporary fireworks stand in a conspicuous place.
H. Number Of Permits: Subject to reasonable conditions necessary for protection of public health, safety and welfare, an applicant may be granted permits for more than one premises or location within the city.
I. Permit Nontransferable: No permit shall be transferable or assignable.
J. Time Of Filing Application: Each application for a safe and sane fireworks sales permit and dangerous fireworks display permit will be filed with the fire chief on or before June 1 for the first sales period, and December 1 for the second sales period, of the calendar year for which the permit is sought.
K. Time Of Sale: No safe and sane fireworks shall be sold at retail, offered for sale, or used before twelve o'clock (12:00) midnight June 23, nor after twelve o'clock (12:00) midnight July 5 of the calendar year for the first sales period; nor before twelve o'clock (12:00) midnight December 26, nor after twelve o'clock (12:00) midnight January 1 of the calendar year for the second sales period. No temporary fireworks stands will be erected before June 15, nor remain after July 10 of the calendar year for the first sales period; nor be erected before December 7; nor remain after January 8 of the calendar year for the second sales period.
L. Investigation: The fire chief, in cooperation with the building department, shall cause an investigation to be made of each application and applicant.
M. Grant Or Denial: The city council, upon recommendations of the fire chief, shall have the power in his or her discretion to grant or deny any application, subject to such reasonable conditions, if any, as it shall prescribe, so long as the denial of the application or any conditions imposed on the granting of the application are reasonably necessary for protection of the public health, safety and welfare.
N. Moratorium On Issuance Of Permits: During any year in which the city council determines dangerous conditions exist which may significantly increase the hazard and menace of fire resulting from the sale, use and/or display of fireworks, the city council may declare a moratorium upon issuance of dangerous fireworks permits and/or safe and sane fireworks sales permits. Upon declaration of such a moratorium, no applications for such permits will be accepted, and no permits shall be issued, during the calendar year in which the moratorium is declared. Where permits have already been issued, and the city council determines that dangerous conditions exist as set forth herein, the city may temporarily suspend such permits due to an imminent peril to the public due to a menace of fire, until such time that the council determines that such notice of fire no longer exists. Where permits have been issued, and then temporarily suspended as set forth herein, upon declaration of the city council, the applicant shall receive a refund of permit fees until such time as the temporary suspension has been lifted. (Ord. 1170, 2015; Ord. 756 § 5, 2000; Ord. 634 § 2, 1994)