5.24.080: REQUIREMENTS; SAFE AND SANE FIREWORKS SALE:
   A.   Safe And Sane Fireworks Sales: Safe and sane fireworks sales are subject to the following requirements and/or standards:
      1.   All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building, structure or building is hereby prohibited.
      2.   The stand in which the fireworks will be stored or sold shall not be located within twenty five feet (25') of any other building, nor within one hundred feet (100') of any flammable liquid dispensing device or installation.
      3.   All fireworks stands must meet the structural stability requirements of the building code, but using only a twenty (20) psf roof loading and fifteen (15) psf wind loading. The structure need not be mounted on a permanent foundation, but must be securely anchored to prevent horizontal movement and/or vertical uplift. All lighting circuits and other electrical equipment shall be approved by the state of Idaho electrical inspector.
      4.   The stand shall have two (2) exit doors, each a minimum of thirty inches (30") wide, one at each end of the stand or as near the end as is practical. One additional door is required for each thirty two feet (32') of rear wall in excess of thirty two feet (32'). All doors shall open outward from the stand and all doorways shall be kept unlocked and unlatched during the hours of operation and free and clear of all supplies and materials at all times.
      5.   A stand shall have at least two (2) approved two and one- half (21/2) gallon water type fire extinguishers, or two (2) dry chemical type fire extinguishers having a 2A minimum rating, or a combination of both, in good working order, with a current inspection tag in place, placed near the exits in a visible and readily accessible manner. Extinguishers shall be placed near the exits no more than twenty (20) linear feet apart. If the distance exceeds twenty (20) linear feet, more extinguishers shall be required.
      6.   A stand shall meet the minimum requirements for temporary buildings for all lighting circuits or other electrical equipment used in conjunction with the operation of the stand as required by applicable local building codes or, if no local building codes have been adopted, then by applicable state codes.
      7.   There shall be at least one supervisor, nineteen (19) years of age or older, on duty at all times. All fireworks shall be effectively kept away from any kind of self-service by the public, and shall be placed in a location, which is unavailable and inaccessible to members of the public in capacities other than as legal customers. No person under fifteen (15) years of age shall work at or about any stand where safe and sane fireworks are sold or offered for sale.
      8.   No person employed or functioning as a watchman shall be permitted to remain inside of any stand when it is not open for business.
      9.   No smoking signs with minimum lettering size not less than one and one-half inches (11/2") high and one-fourth inch (1/4") stroke width or approved international symbol signage shall be prominently displayed both inside and outside the stand. Smoking shall not be permitted within the stand or within twenty five feet (25') of the stand.
      10.   No fireworks shall be discharged in or within fifty feet (50') of any fireworks stand.
      11.   No person shall allow any rubbish or weeds to accumulate in or around any fireworks stand or permit a fire nuisance to exist. At least one 20-gallon noncombustible metal garbage can with lids must be provided on the premises. This can must be emptied at least once daily.
      12.   Fireworks for sale or in storage shall not be left unattended at any time. Fireworks shall be stored in areas approved by the fire chief or his designated representative.
      13.   Fireworks shall not be left in the stand when it is not open for business unless the stand is locked or secured. If fireworks are not stored in the stand, they shall be stored in compliance with Idaho Code section 39-2608.
      14.   No stand shall have a floor area in excess of four hundred (400) square feet.
      15.   Stands shall be erected only in locations where zoning, under the zoning ordinance of the city, is business.
      16.   Fireworks shall not be sold to minors under fifteen (15) years of age. "No Sales To Minors Under Fifteen Years Of Age" signs with minimum lettering size not less than one and one- half inches (11/2") high and one-fourth inch (1/4") stroke width or approved international symbol signage shall be prominently displayed both inside and outside the stand.
      17.   Each permittee shall be required to retain at the licensed premises, while said premises is open, and at his principal place of business for a year thereafter, copies of all invoices, receipts and orders evidencing the source from which he acquired the fireworks which he handled.
   B.   Dangerous Fireworks Display: Dangerous fireworks displays shall conform to all of the requirements set forth in chapter 78 of the most recent edition of the uniform fire code. (Ord. 756 § 6, 2000; Ord. 634 § 2, 1994)